SATHI GHOSH @ DR. SARATHI GHOSH WIFE OF SUBRATA GHOSH, RESIDENT OF FLAT NO. 1E, MALABAR APARTMENT, NIWARANPUR, P.O. DORANDA, P.S. CHUTIA, DISTRICT RANCHI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Gautam Kumar, learned counsel appearing for the petitioner and Mr. Rajesh Kumar Mishra, learned A.P.P.

(2.) In this application the petitioner has prayed for quashing of the order dated 16.12013 passed by the learned Judicial Magistrate, 1st Class, Ranchi in connection with Bundu P.S. Case No. 71 of 2013 whereby and where under cognizance has been taken for the offence punishable under Sec. 304(A) of the Indian Penal Code.

(3.) It has been stated by the learned counsel for the petitioner that no offence under Sec. 304(A) of the Indian Penal Code is made out against the petitioner. Learned counsel submits that the operation on the wife of the informant was carried out as an emergency measure and absence of blood in the hospital would not tantamount to negligence on the part of the petitioner. It has further been stated that all the witnesses in course of examination under Sec. 161 of the Cr. P.C. have categorically stated about how the operation was carried out by the petitioner and since bleeding did not stop the patient was referred to RIMS. Learned counsel submits in absence of any medical negligence which could be attributed to the petitioner continuation of the criminal proceedings as against the petitioner would be an abuse of the process of the court.