HEMCHANDRA LAL KARN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the opposite party no.2.

(2.) This application under Section 482 of the Code of Criminal Procedure (for short ' CrPC ') has been filed by the petitioner for quashing the order dated 03.04.2017 passed by the learned 12th Additional Sessions Judge, Muzaffarpur in Sessions Trial No.479 of 2016 arising out of Brahmpura P.S. Case No.76 of 2002 corresponding to Sessions Trial No.479 of 2016 whereby he has dismissed the petition filed under Article 227 of the CrPC by the petitioner for discharge from the criminal prosecution.

(3.) It is submitted by the learned counsel for the petitioner that the petitioner is a qualified and experienced doctor having degree of M.B.B.S., M.S., M.C.H. (Neuro Surgeon). He had earlier been a teacher in Patliputra Medical College and Hospital at Dhanbad. He runs his nursing home, namely, M/s Karn Neuro Care and Research Centre at Nilkanth Chowk in the township of Muzaffarpur. He has been falsely implicated in the case at the instance of the opposite party no.2. The materials collected in course of investigation were not sufficient enough to put him on trial for the offence punishable under Section 304A read with 34 of the Indian Penal Code (for short ' IPC ').