(1.) THE present petition has been preferred by the petitioner Dr. Kamala Gurwani to challenge the criminal proceedings which was initiated because of lodging of FIR dated 16.2.1999 lodged by one Sharwan Kumar on the basis of which the challan was filed against the petitioner under Section 304A IPC.
(2.) THE facts of the case are that on 17.2.1999 the complainant lodged written report with the police station, Sujangarh stating therein that her sister Luni Devi developed labour pain and one SB Cr. Misc. Petition No. 778/2001 Dr. Kamla Gurwani v. State female nurse Smt. Vishnu Kanta was called from the Government Hospital of nearby town to the complainant's small village. The nurse after examining the victim lady Luni Devi opined that it is a complicated case, therefore, the victim should be taken to the Government hospital at Bidasar.
(3.) IN the trial court, substance of acquisition was read over and stated to the accused under Section 251 Cr.P.C. after taking cognizance for the offence under Section 304A IPC.