JUDGMENT :

Valmiki Sa Menezes, J.

This is a criminal application invoking our inherent jurisdiction under Section 482 of the Code of Criminal Procedure (hereinafter referred to as “the Code”) seeking to quash FIR in Crime No.142 of 2004 dated 15.04.2004 and Charge-Sheet/Final Report filed thereupon bearing No.41 of 2005 dated 08.03.2005 for offence punishable under Section 304-A of the Indian Penal Code (hereinafter referred to as “the IPC”).

This is a case where the complainant, brother of the husband of the deceased, alleges medical negligence on the part of the applicant, a Doctor/Surgeon, who conducted cesarean surgery for delivery of a child born to the patient, who unfortunately succumbed hours after the surgery, due to hemorrhage.

2. From the investigation papers filed along with the Final Report, the following facts appear on record :

(a) Smt. Kanchan Atul Kulkarni was admitted on 05.03.2004 for delivery of a baby under the care of the applicant, who is an Obstetric and Gynecology Surgeon at Yashwant Hospital, Amravati; a cesarean surgery (C-Section) was performed by the applicant on 06.03.2004 between 6:00 p.m. and 7:00 p.m. after which she was shifted to a room at that hospita