A PADMAJA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This petition is filed under Section 482 of the Code of Criminal Procedure (for short, 'Cr.P.C.') by the petitioner-accused to quash the proceedings against her in C.C.No. 119 of 2017 on the file of the Court of II Additional Judicial I Class Magistrate at Mancherial, Adilabad District (for short, 'the Court below'), registered for the offence punishable under Section 304-A of IPC.

(2.) The petitioner is a doctor. Respondent No. 2 lodged a written report with police on 01-01-2015 against the petitioner alleging that on 29-12-2014 at about 7 p.m., he took his pregnant wife to Government Hospital, Mancherial; that the petitioner examined his wife and advised them to come to hospital on next day morning with scanning report; that on 30-12-2014 between 9 and 10 hours, they again came to hospital along with scanning report; that the petitioner admitted her in hospital and informed that an operation will be conducted tomorrow but on 31-12-2014, the petitioner did not conduct operation; that on 01-01-2015 at morning hours as his wife suffered labour pains, he took her to hospital and that an operation was done but due to delay in performing operation by the petitioner from 31-12-2014 to 01-01-2015, the child was found dead in the womb itself. On the strength of the report, the police registered a case in crime No. 1 of 2015 for the offence punishable under Section 304-A of IPC, issued FIR and took up investigation. During the course of investigation, the police examined as many as 12 witnesses, recorded their statements under Section 161 (3) of Cr.P.C. and filed charge sheet having concluded that there is prima facie material to proceed against the petitioner for the offence referred supra.

(3.) The present petition is filed on the ground that the petitioner was on leave on 31-12-2014 as she has to appear before the Court below to get the bailable warrant issued against her recalled and as such, no negligence is attributable to the petitioner and therefore she is not liable to be prosecuted for the offence punishable under Section 304-A of IPC. It is also contended that the charge sheet is filed contrary to the guidelines issued by the Apex Court in Jacob Mathew Vs. State of Punjab and another, 2005 6 SCC 1 and in the absence of any expert opinion, the prosecution cannot be continued and prayed to quash the proceedings.