This petition is filed to quash the proceedings in C.C.No. 1727 of 2004 on the file of the learned judicial Magistrate of First Class, Luxettipet, Adilabad District.

2. The facts are as follows: On 15-3-2003 at 9-30 AM the deceased, Linga Reddy met with an accident, as the car belonging to an Advocate dashed him. He was taken in the same car to the private hospital of the present first petitioner, where the second petitioner, who is an Anesthetist, along with the first petitioner treated him. The deceased died around 2-30 PM. According to the complainant, the first respondent, the deceased died on account of the negligence of the doctors. He gave a complaint to the police on the same day. After investigation the police submitted final report dated:30-10-2003, to which the first respondent filed protest petition. After recording the sworn statement of the first respondent on 15-12-2004, the learned Magistrate has taken cognizance of the case: The order of the learned Magistrate dated: 20-12-2004 reads:

“Verified the statement of LW 1 and contents of the complaint. There is prima facie case to proceed with the offence. Hence cognizance is taken against both the accused fo