Prabhat Kumar Singh, J.—Present application has been filed for quashing order dated 24.9.2012, passed by the Judicial Magistrate 1st class, Chapra in Complaint Case No. 1089 of 2012, by which cognizance of the offence punishable under sections 304A and 504 of the Indian Penal Code has been has been taken against the petitioner.

2. Prosecution’s case in short is that wife of complainant/opposite party no.2, namely, Manju Devi (herein after referred to as ‘the victim’) was admitted to the ‘Tripathi Nursing Home, Chapra’ run by petitioner for her vaginal hysterectomy under the BPL scheme and on 20.2.2012, she was operated without performing required clinical examinations/tests, as a result of which later on she developed post operational complications. It is further alleged that at the request of the petitioner, opposite party no.2 signed the discharge ticket so that the doctor may get the payment from the Government agency but the victim remained admitted in the petitioner’s nursing home. It is further alleged that when her condition did not improve, she was taken to Patna where another surgery was operated upon her in the Atlantis Hospital. However, victim died on 12.3.2012.

3. It is