D. GIREESHA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 Cr.P.C. by the petitioner/sole accused seeking to quash the proceedings against her in C.C.No.59 of 2021 on the file of the Judicial First Class Magistrate at Vikarabad.

(2.) The facts of the case, in brief, are that on 4/1/2020, the daughter of respondent No.2 viz., Sathvika Reddy (hereinafter referred to as 'the deceased') had been to Sri Ananth Multispecialty Hospital, Vikarabad, for Laparoscopic Tubectomy and after conducing some medical tests, the doctors advised her to come on the next day. On 5/1/2020 at about 8:00 A.M., respondent No.2, his son, daughter (the deceased) and son-in-law went to Sri Ananth Multispecialty Hospital, and the deceased was admitted in the hospital; that at about 10:40 hours, the petitioner and duty nurses, on consulting with Prof. Dr.Ramachandraiah on phone, administered an unknown injection to the deceased; that after giving injection, the deceased started screaming and died within fifteen minutes. Therefore, respondent No.2 lodged a complaint before the Police, Vikarabad Police Station, against the petitioner, Dr.Ramachandriah and duty doctors. Basing on the said complaint, the Police, Vikarabad Police Station registered a case against the petitioner, Dr.Ramachandriah and duty doctors vide Crime No.7 of 2020 for the offence punishable under Sec. 304A IPC. The Police, after conducting investigation, filed charge sheet against the petitioner only for the offence under Sec. 304A IPC and the Judicial Magistrate of First Class, Vikarabad, has taken cognizance of the said offence and numbered the case as C.C.No.59 of 2021.

(3.) Respondent No.2 has filed a detailed counter affidavit denying the petition averments and inter alia stating that the petitioner does not have adequate knowledge or requisite qualification, but she has directed the deceased to undergo Laparoscopic Tubectomy, by impersonating herself as a competent doctor, which itself amounts to gross negligence and which resulted in the death of the deceased. Therefore, he prayed to dismiss the criminal petition.