(1.) 1. Heard.
(2.) THIS application under Section 482 Cr.P.C. has been filed to quash the order of cognizance dated 16.10.2006 passed by Mr. Dayalal Prasad, Judicial Magistrate, Begusarai in Complaint Case No. 1077C of 2006 thereby and thereunder the court below has taken cognizance under Section 304 of the I.P.C.
(3.) THE petitioner is doctor and is running a clinic named and styled as Jugeshwar Kidney Hospital near Municipal Chowk, Begusarai. On 11.6.2006, the opposite party No. 2 brought his ailing father to the petitioner for treatment. After some test, the father of the complainant/opposite party No. 2 was admitted in hospital of the petitioner and was advised for operation of prostrate. On 15.6.2006, the petitioner performed operation upon father of the complainant/opposite party No. 2. Since just after the operation, several types of complication began including bleeding from urinary track. Ultimately, he died on 18.6.2006.