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SANDEEP N. BHATT
Pappukumarsinh – Appellant
Versus
Dharmesh Bharatbhai Patel – Respondent
| Table of Content |
|---|
| 1. initial factual background of case proceedings. (Para 2) |
| 2. arguments from both parties regarding the appellate court’s decision. (Para 5 , 6) |
| 3. court’s observations and considerations on procedural aspects. (Para 7 , 8 , 11 , 12) |
| 4. court’s ratio decidendi on the roles and responsibilities of medical practitioners. (Para 10 , 13) |
| 5. final conclusion to dismiss the petition. (Para 15) |
JUDGMENT :
(Sandeep N. Bhatt, J.)
1. The present petition is filed by the petitioner – original complainant under Article 226/227 of the Constitution of India, being aggrieved by and dissatisfied with the impugned order dated 08.04.2019 passed by the learned appellate Court below – 5th Additional Sessions Judge, Rajkot in Criminal Revision Application No.31 of 2018, whereby the discharge application of the present respondent No.1 is allowed and the order passed by the learned trial Court – 5th Additional Chief Judicial Magistrate, Rajkot dated 15.12.2017 in Criminal Case No.7184 of 2014, rejecting the discharge application of present respondent No.1, is reversed.
2. The brief facts of the case are as under :
2.1 Initially, upon complaint given by the petitioner before the learned trial Cou
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