ORDER :

SANDEEP KUMAR, J.

1. Heard the learned counsel for the petitioner, learned APP for the State and the learned counsel for the O.P. No.2.

2. The application has been filed for quashing the order dated 16/04/2019 passed by the learned Chief Judicial Magistrate, in connection with Town P.S. Case No. 44 of 2016 by which cognizance was taken for the offence under Section 304 of the IPC .

3. The prosecution case, in brief, is that one Dhananjay Sharma submitted a written application before the Officer-in-Charge of Town Sadar Police Station, stating that his elder brother, Ranjay Kumar, had been suffering from neck inflammation for the past twenty days and was undergoing treatment under the care of Dr. Avinash Kumar Sharan at Kritika Clinic located in Aurangabad. The informant has alleged that the death of his brother occurred due to the negligence of the treating doctor. It is further stated that on 05.02.2016, his brother, who was in healthy condition, arrived at the clinic by self-driving his bike. Upon arrival, the doctor started treatment, and during the course of treatment, an injection was administered to his neck. Immediately after the injection, the informant claims that his