THOMAS, J.

The petitioner, a lady Civil Surgeon of the General Hospital, Cochin, is arraigned as an accused in an FIR registered by the city police commissioner, Cochin, alleging commission of the offence under S. 304A of the I.P.C. She was arrested and released on bail on 1-11-1985. This petition filed S. 482 of the Criminal P.C. (for short 'the Code') is to quash the said FIR and all subsequent proceedings thereto. A learned single Judge who heard the Crl.M.C. was of the opinion that the case involves "substantial questions for which direct precedents are lacking." and referred the case to a Division Bench and the Division Bench, in turn, referred the case to a Full Bench.

2. The FIR is mainly based on a petition filed by one Madan Gopal. His wife Mala aged 28 died at the Lakshmi Nursing Home on 21-9-1983. The substance of the petition filed by Madan Gopal is this : When his wife Mala became pregnant, he took her to the petitioner on 24-2-1983 for consultation and prenatal treatment. The petitioner examined her and assured that there was nothing abnormal and that Mala would have a normal confinement. Mala continued to be under observation of the petitioner. She develo