(1) LEAVE granted. Heard both sides.

(2) THE appellant in this case is a medical practitioneR.He stands charge- sheeted for offence under Section 304-A of the Indian Penal Code on the basis of a complaint made by the second respondent. At the FIR stage, the appellant moved the High court for quashing the FIR on the premise that the offence under Section 304-A has not been disclosed in the allegations. But the High court, instead of quashing the proceedings, permitted the appellant a to raise this question before the trial court. In the meanwhile, the appellant was charge-sheeted. The allegations of the second respondent are that when her husband was in a serious condition, he was taken to the hospital wherein the appellant, the doctor was working as a medical practitioner and that the appellant did not attend to the patient immediately. On being insisted by her, the appellant became angry and there was exchange of words between them. The gravamen of the case is that the appellant administered an injection to the patient and the patient was taken to another hospital where he was pronounced dead.

(3) THE above allegations do not disclose, prima facie, a case of