LADY DR. AJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) WITH the aid of this petition under Section 482 of the Code of Criminal Procedure, Dr. Ajit Kaur petitioner implores this Court to quash the proceedings and the FIR lodged against her under section 304-A, Indian Penal Code, which is pending in the Court of Additional Chief Judicial Magistrate, Ludhiana. A prayer for the quashing of the order dated November 29, 1984, by which the petitioner was charged of offence under Section 304-A, Indian Penal Code, is also made.

(2.) WITHOUT going into the details of the grounds taken up in the petition, in substance the allegations made against the petitioner amount to this : Smt. Maninder Kaur aged about 26 years wife of Bhavjinder Singh became pregnant sometime in the month of September, 1982 and she used to go to the petitioner at City Nursing Home and Hospital at Ludhiana for antenatal check up. It is alleged that on 15th June, 1983, Smt. Maninder Kaur went to the petitioner for routine check up and the latter administered drip and some other medicines to her to precipitate delivery and at the time of delivery she also used forceps. It is further alleged that as a result of rash and negligent act of the petitioner, the new born baby became sick, cyanosed and had apnoic spells and he died on 22.6.1983 in the C.M.C. Hospital, Ludhiana. On these allegations made by Bachhan Singh, father of Smt. Maninder Kaur, FIR No. 502 dated August 13, 1983, under Section 34-A, Indian Penal Code, was registered as Police Station Division No. 5, Ludhiana. After obtaining the opinion of the Civil Surgeon, Ludhiana, a challan was presented before the trial Court. When the matter came up before the Court, the following charge was framed against the petitioner :-

(3.) THE principal contention raised on behalf of the petitioner is that as the very basis of the proceedings pending before the trial Court i.e. the charge framed against the petitioner does not indicate the commission of any offence by her and her prosecution for such a charge is wholly illegal, in other words an abuse of the process of the Court.