Judgment :-

Petitioner, a medical practitioner, faces indictment in a prosecution under Section 304A IPC. Cognizance has been taken on the basis of a final report submitted by the police after due investigation.

2. The crux of the allegations against the petitioner is that she was guilty of professional negligence in the matter of treatment of a patient, who unfortunately breathed her last after delivery.

3. The learned counsel for the petitioner contends that the nature of the alleged inadequacy in the professional conduct of the petitioner can by no stretch of imagination be held to be culpable rashness or negligence which alone can attract an allegation or charge under Section 304A IPC.

4. The learned counsel for the petitioner relies on the decision reported in Dr. Suresh Gupta v. Govt. of NCT of Delhi & Another (2004 (6) SCC 422) and contends that at any rate, the alleged conduct of the petitioner while she allegedly treated the patient in question cannot qualify to be termed culpable rashness and negligence attracting a charge under Section 304A IPC. Even though it is said that the dictum in the said decision has been doubted and referred to a larger bench, the law remains what i