SANJAY K.AGRAWAL
R. Jairam Iyer – Appellant
Versus
State Of Chhattisgarh – Respondent
Sanjay K. Agrawal, J.
1. The petitioner herein is an interventional Cardiologist and on the date of occurrence was working as Senior Consultant in the Apollo Hospital, Bilaspur, while facing criminal prosecution for commission of offences punishable under Sections 304-A, 468 & 201 of the Indian Penal Code, has invoked the inherent jurisdiction of this Court under Section482 of the Code of Criminal Procedure (henceforth 'Cr.P.C.') for quashment of charge-sheet and criminal prosecution initiated against him for the above-stated offences.
2. The essential facts, as unfolded by the prosecution, to find out whether petitioner is entitled to the relief claimed in the criminal miscellaneous petition are as under:-
2.1 The State of Chhattisgarh through Station House Officer, Police Station Sarkanda submitted a charge sheet under Section 173 of the Cr.P.C. against the petitioner herein for commission of offences under Sections 304-A, 468 & 201 of the Indian Penal Code before the jurisdictional criminal court stating inter alia that Shri Ashok Pingle, the then Mayor of Municipal Corporation, Bilaspur was admitted in the Apollo Hospital, Bilaspur on 02.08.2008 for treatment of pain in
Madhu Limaye v. State of Maharashtra (1977) 4 SCC 551.
Rajkapoor and others v. State and others (1980) 1 SCC 43.
Dr. Suresh Gupta v. Govt. of NCT of Delhi and another (2004) 6 SCC 422.
Jacob Mathew v. State of Punjab and another (2005) 6 SCC 1.
Malay Kumar Ganguly v. Dr. Sukumar Mukherjee & others (2009) 9 SCC 221.
P.B. Desai v. State of Maharashtra & another (2013) 15 SCC 481.
A.S.V. Narayanan Rao v. Ratnamala and another (2013) 10 SCC 741.
Kurban Hussein Mohamedalli Rangawalla v. State of Maharashtra AIR 1965 SC 1616.
Achutrao Haribhau Khodwa v. State of Maharashtra (1996) 2 SCC 634.
Laxman Balkrishna Joshi (Dr.) v. Dr. Trimbak Bapu Godble AIR 1969 SC 128.
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