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2015 Supreme(Pat) 553

ASHWANI KUMAR SINGH
Ashok Kumar Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Ramakant Sharma, Senior Advocate.
For the Opposite Party-State: Mr. S. Dayal, Additional Public Prosecutor.
For the Opposite Party:Mr. Akhileshwar Prasad Singh, Senior Advocate.

JUDGMENT

ASHWANI KUMAR SINGH, J.

1. The petitioners, who are medical professionals, have challenged the order dated 16.07.2012 passed by the learned Sessions Judge, Bhagalpur, whereby the revision application filed by the petitioners against an order dated 15th March, 2012 passed by the learned Judicial Magistrate, 1st Class, Bhagalpur in connection with Complaint Case No. 1951 of 2009, holding that a prima facie case is made out for the offences under Sections 304-A, 420 read with 34 of the Indian Penal Code against the petitioners and one another and summoning them to face trial, has been dismissed.

2. The prosecution case, in brief, as alleged by the complainant in his written report filed before the learned Chief Judicial Magistrate, Bhagalpur with regard to an occurrence which took place on 9.3.2008 is that the complainant’s brother Pankaj Chaudhary was taken to the clinic of petitioner no. 1, Dr. Ashok Kumar Singh for treatment of his ailment. The medical history of the patient was told to him and all earlier prescriptions relating to treatment of the patient was also shown to him. After examining the patient and going through his medical history, petitioner no. 1 Dr. Ashok K













































































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