ORDER :

1. By this petition, the petitioner seeks for the following reliefs:

“10.1 The writ in the nature of Certiorari by quashing/setting aside the FIR No. 764/2022 dated 21/8/2022 for an offence under Section 294, 304A, 323, 34 and 506 of Indian Penal Code and the proceedings initiated pursuant to Crime No. 764/2022 registered before the Police Station Kotwali District Korba, or any other offence in the interest of justice.

10.2 The Hon’ble Court may kindly be pleased to writ in the nature of the Mandamus, by directing the respondents and its authority to comply with the direction issue by the Hon’ble Supreme Court before registering an offence against the Doctors.

10.3 The Hon’ble Court may kindly be please to grant the compensation for harassment to the petitioners for registering an offence which they never committed.

10.4 That, this Hon’ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.”

2. The present petition is filed for quashing of a First Information Report bearing Crime No. 764/2022, dated 21/08/2022 registered against the petitioners for an offence under section 294, 304 A, 323, 34, 506 of Indian penal Code. The respondent no. 2 i.e. the Station House Office, has not considered the provision and ingredient of the sections and the judgment of the Hon'ble Supreme Court and this Hon'ble Court and directly offence under the aforesaid section had been registered, which is totally perverse, illegal, arbitrary and unconstitutional and directly affects the personal liberty of the petitioners who are by profession a qualified Doctor.

3. Mr. Kotecha, learned counsel for the petitioners submits that the petitioners are Doctor by profession. Petitioner No. 1 is the M.D. Orthopedic and the petitioner No. 2 is M.S. (General Surgeons) and petitioner No. 1 is the Director of New Korba Hospital (hereinafter referred as NKH). The daughter in law of the respondent no. 3 namely Smt. Pushpa Rathore, aged about 36 years, was pregnant and on 19.08.2022, she alongwith her relative came for treatment and for delivery. As per the information given by the patient and her family member, before this, she was operated twice for Oravian Cyst and Chocolate Cyst. The Doctors in the Hospital had made the plan of treatment and started giving treatment. As there was some complication in pregnancy, so as per advice, an Cesarean operation was to be done. From the relative of the deceased, a High Risk Consent had been obtain and it was also informed to the relative that patient was at high risk. All the best possible treatment had been provided to the patient, but before operation, she vomited, but her vomit could not come out and same was inhale. Immediately the Cardiopulmonary Resuscitation (In short CPR) was given to the patient, but she was not responding to it and all efforts were made by the Doctors who were treating the patient, but neither she nor her child’s life could not be save and both of them died at about 12.00 hours. Immediately, the information about the death was given to the police. After death of the patient, the family member of the patient started misbehaving and manhandling with the Doctors and staff of the Hospital and with the petitioners and other staff trying to convince them, but they were agitating and had beaten the petitioner No. 2 and Manager of the Hospital. The family members had also caused injury to the petitioner No. 1 and had use filthy language with the staff of hospital. All the staff and Doctors were under tremendous threat to their life and property by the family member and others who are known to the deceased Smt. Pushpa Rathore. Their entire action was recorded in the CCTV camera of the hospital. Immediately the report was lodge by the Manager of the Hospital Namely Shri Rajesh Chandani, to the Police Chowki Rampur on 19.08.2022 against the family member of the Smt Pushpa Rathore that they had beaten the doctors and staff of the Hospital and also the CCTV footage had bee