LALIT KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State. No one appears on behalf of O.P. No. 2 despite having entered appearance when the matter is called out.

(2.) The petitioner, who is a qualified registered medical practitioner, is aggrieved by the order of cognizance dated 12.2.2009 passed by Judicial Magistrate, 1st Class, Jamui in Complaint Case No. C-789/06 under Section 336 of Indian Penal Code.

(3.) Section 336 of Indian Penal Code makes it an offence to commit an act so rashly or negligently so as to endanger, human life or personal safety of others. In context of rashness and negligence on part of the medical practitioner reliance has been placed on Jacob Mathew vs. State of Punjab & Anr, 2005 4 PLJR(SC) 213more particularly paragraph-18 holding that a professional may be liable for negligence when he was not possessed with the requisite skill which he professed to possess or did not exercise reasonable competence in the given case considering the skill which he possessed.