AJAY SINGH CHOUHAN Vs. V K JAIN

JUDGEMENT

(1.) BY filing instant criminal revision the petitioner has challenged the order dated 2. 11. 2007 passed by Addl. District and Sessions Judge, Kishangarh (Ajmer) (for short 'the revisional court') in Criminal revision No. 23/2003 by which he partly allowed the Revision filed by non-petitioners no. 1 and 2 and rejected the revision petition filed by respondent No. 2 Smt. Saroj vijayvargiya but quashed and set aside the order of cognizance dated 30. 5. 2002 passed against non-petitioner No. 1 Dr. V. K. Jain by. Civil Judge (Jr. Div.) and Judicial Magistrate, kishangarh (for short the trial Court') in criminal complaint No. 180/2003.

(2.) BRIEF facts of the case are that petitioner complainant submitted a complaint in the trial Court against the accused respondents u/s. 304a IPC to this effect that they are MBBS Doctors. He stated in the complaint that his wife was under their treatment during the pregnancy. Due to negligence of non-petitioners No. 1and 2 his new born baby child died on 14. 11. 2001.

(3.) THE trial Court after hearing, took cognizance against the non-petitioners No. 1 and 2 vide order dated 30. 5. 2002.