JUDGMENT :

Prafulla C. Pant, J.

Leave granted.

2. This appeal is directed against order dated 16.4.2012, passed by the High Court of Judicature Chhattisgarh at Bilaspur, in Criminal Revision No. 220 of 2002 whereby said Court has disposed of the criminal revision, affirming order of the Magistrate by which application under Section 197 of the Code of Criminal Procedure, 1973 (Cr.P.C.) moved by appellants was rejected.

3. Brief facts of the case are that Miss Tapsi Rai, aged 14 years, daughter of respondent Surendra Nath Rai, underwent surgery on 5.8.1997 in Maharani Government Hospital, Jagdalpur, Bastar. The operation necessitated due to pain developed by the patient in the abdomen, was performed by the appellants, namely, Dr. (Smt.) Manorama Tiwari, Dr. B.R. Kawdo and Dr. Pradeep Pandey. Before conducting the surgery, consent to operate was taken from the respondent. However, even after surgery, the condition of the patient did not improve, and she died on the same day.

4. A First Information Report was lodged by the respondent after lapse of more than five months, i.e. on 2.2.1998 relating to offence punishable under Section 304A of Indian Penal Code at Police Station, Jagdalpur agai