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2012 Supreme(Gau) 849

I.A.ANSARI
Rajendra Prasad Hansaria – Appellant
Versus
Praveen Jain – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. V. Hansaria, Senior Advocate
For Respondents/Defendant:Mr. A.K. Bhattacharya, Sr. Advocate.

JUDGMENT

I.A. Ansari, J.

1. With the help of this application, made under Section 482 Cr.P.C., the petitioner, who is one of the accused, in Complaint Case No. 1998C/2004, has sought for quashing of the complaint, in question, as well as the order, dated 03-08-2004, whereby cognizance of offence, under Section 304A IPC, has been taken by the learned Additional Chief Judicial Magistrate, Kamrup, Guwahati, who has also directed issuance of process, amongst others, against the present petitioner, who is a Gynaecologist and Obstetrician and presently working as Chief Medical Superintendent of Marwari Maternity Hospital, Guwahati, which is being run by a charitable trust, namely, Marwari Databya Aushadhalaya, and which is one of the accused in the complaint, in question. I have heard Mr. B Hansaria, learned Senior counsel, appearing on behalf of the accused-petitioner, and Mr. AK Bhattacharyya, learned Senior counsel, appearing for the complainant-opposite party.

2. The case of the complainant may, in brief, be set out as under :

(i) The accused No. 1, namely, Sri Om Prakash Choudhury is the Secretary of the Marwari Maternity Hospital and accused Nos. 2, 3 and 4, namely, Dr. RP Hansaria (i.















































































































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