MEDUGULA SWAPNA KUMARI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of Cr.P.C by the petitioner/accused seeking to quash the proceedings against her in CC.No.6148 of 2019 on the file of VI Addl.Metropolitan Magistrate-cum-VI Additional Junior Civil Judge, Cyberabad, at L.B.Nagar, for the offence under Sec. 304-A of Indian Penal Code.

(2.) Briefly, the facts of the case are that the petitioner, Dr. Swapna Kumari, is a gynaecologist at Swapna Hospital, Chaitanyapuri, which she operates. The 2nd respondent lodged a complaint with Chaitanyapuri PS, alleging that his marriage with Divya was solemnized on 11/11/2018. His wife, Divya, became pregnant and regularly visited Swapna Hospital for check-ups under the petitioner's care. On 20/2/2019, Divya was admitted to the hospital for an abortion on the advice of the petitioner and remained there until 22/2/2019. After receiving antibiotics, she was discharged. Due to excessive bleeding, Divya suffered a miscarriage, resulting in the foetus expelling itself. She was subsequently readmitted to the hospital to remove the remaining foetal tissue. The hospital authorities informed the 2nd respondent that Divya's blood level was only 7.8%. At 7:00 am, the petitioner took her to the operation theatre, and by 2:00 pm, the 2nd respondent was informed that Divya had lost consciousness and was advised to shift her to Omni Hospital. Upon Divya's arrival at Omni Hospital, doctors declared that she was brought dead. When the 2nd respondent returned to Swapna Hospital, the petitioner refused to communicate with him, leading to the filing of the present complaint.

(3.) Upon receiving the complaint, LW.18 registered Crime No. 99/2019 under Sec. 304-A of IPC. During the investigation, LW.19 collected the case sheet and other relevant documents from Swapna Hospital and forwarded them to LW.17, posing two specific queries: