DR. MUSHTAQUE AHMED QUADRI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant petition preferred under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') the petitioner has challenged the order dtd. 28/3/2022 passed by learned Additional Chief Judicial Magistrate, Sumerpur, District Pali (hereinafter referred to as 'the trial Court') whereby, while refusing to take cognizance against the petitioner for want of prosecution sanction, the trial Court has directed the Investigating Officer to undertake necessary steps for obtaining the prosecution sanction.

(2.) The facts precisely narrated are that an FIR was filed by respondent No.2 alleging that on account of negligent conduct of the petitioner, his wife died consequent to complications arising during and post tubectomy.

(3.) The Investigating Officer concluded investigation and filed a charge-sheet against the petitioner and requested the Court to take cognizance.