ORDER :

1. The petitioner has challenged the order dated 06.08.2021 passed by the learned Sessions Judge, Janjgir Champa, C.G. in Criminal Revision No. 37/2020 whereby the order dated 20.11.2019 passed by the learned Judicial Magistrate First Class, Pamgarh, District Janjgir Champa, C.G. in Complaint Case No. 914/2019 has been affirmed and the revision preferred by the petitioner has been dismissed.

2. The facts giving rise to the present petition are that a complaint case under Section 200 of the CrP.C. alleging therein commission of offence punishable under Section 304-A of IPC was filed by the respondent No. 1 against the petitioner, who was posted as Doctor at Community Health Centre, Pamgarh inter-alia on the ground that on 05.12.2014, Smt. Sundariya Bai, Wife of Durgesh Ratnakar was brought to the Community Health Centre, Pamgarh, who was undergoing labour pain. After examining her, Sundariya Bai was hospitalized at about 4 PM by the petitioner on the same day, thereafter, the petitioner left for her home. At about 9 PM on the same day, Sundariya Bai felt extreme labour pain therefore, the petitioner was called by the family members of Sundariya Bai however she refused to attend her call of duty. At about 12 AM and at 3 AM on intervening night of 05-06.12.2014 the petitioner was again called by Sundariya Bai’s family members then also she didn’t turn up. Later on, the delivery was conducted under the supervision of nurses present in the hospital which led to excessive bleeding to Sundariya Bai and consequently, the baby was declared stillborn at birth. At about 4 AM, the petitioner was again requested to attend the patient, however, after 15 minutes she came and declared Sundariya Bai and the baby dead. It was further alleged that the petitioner was negligent towards her duty which led to death of Sundariya Bai and the stillborn baby. A written complaint in this regard was made to the Police Station - Pamgarh on 07.12.2014 however it went in vain. Thereafter on 20.02.2015 the Sub Divisional Officer, Pamgarh, District Janjgir-Chmpa, CG submitted the Magisterial Inquiry report where the petitioner was found negligent towards discharge of duty. On such complaint, the statement of witnesses was recorded and thereafter, learned trial Court took cognizance of the offence on 20.11.2019 and registered the Complaint Case No. 914 of 2019 for commission of offence punishable under Section 304-A of the IPC against the petitioner and fixed the matter for her appearance.

3. The present petitioner preferred a Criminal Revision No. 37/2020 before the learned Sessions Court against the order of taking cognizance dated 20.11.2019 passed in Complaint Case No. 914 of 2019 but same was dismissed by the Revisional Court vide order dated 06.08.2021, which is under challenge before this Court.

4. Notably, it is worthy to mention here that the petitioner herein preferred a Complaint Case No. 75/2015 on 22.12.2014 against the respondent No. 1 alleging therein commission of offence punishable under Sections 186, 323 and Section 4 of Chhattisgarh Chikitsa Sevak tatha Chikitsa Seva Sansthan (Hinsa Tatha Sampatti Ki Kshati Ya Hani Ki Roktham) Adhiniyam 2010 on the premise that on 06.12.2014 at about 5:45 AM the respondent No. 1 obstructed the petitioner herein being the public servant in discharge of her official functions and also assaulted her resulting into injury. Vide order dated 25.02.2020 the learned Judicial Magistrate First Class, Pamgarh, District Janjgir Champa (C.G.) dismissed the Complaint Case filed by the petitioner and by extending benefit of doubt, acquitted the respondent No. 1 of the aforesaid offences.

5. Learned counsel for the petitioner would submit that:

(i) The learned trial Court fell into error in not complying with the provisions of Section 197 of Cr.P.C. which specifically provides that no Court shall take cognizance of offence except with the prior sanction for prosecution granted by the competent authority in this regard. Sin