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2022 Supreme(J&K) 289

SANJAY DHAR
Farooq Ahmad Bhat – Appellant
Versus
Syed Basharat Saleem – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Arif Sikander.
For the Respondents: Shabir Ahmad Dar, Asif Maqbool.

JUDGMENT :

SANJAY DHAR, J.

1. The petitioner has challenged order dated 05.02.2018 passed by learned Chief Judicial Magistrate, Pulwama, whereby, in the complaint filed by respondent No. 1 against him, a direction has been issued to respondent No. 2, SHO, P/S, Pulwama, to register an FIR and investigate the case. Challenge has also been thrown to FIR No. 32/2018 for offence under section 304-A RPC that has been registered with P/S Pulwama pursuant to the aforesaid direction of the learned Chief Judicial Magistrate.

2. It appears that respondent No. 1 had a complaint before Chief Judicial Magistrate, Pulwama, alleging therein that his maternal aunt, Mst. Rafeeqa, was under the treatment of the petitioner and during her treatment, the petitioner prescribed a drug, namely, Gravidol-200 mg that was to be injected to the above-named patient. It was further alleged in the complaint that respondent No. 1/complainant purchased the said drug from the market and thereafter handed it over to the petitioner who got it injected to the patient through a medical assistant whereafter the condition of the patient deteriorated. It was further alleged that the petitioner did not bother to examine the pa

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