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2019 Supreme(Jhk) 31

RAJESH SHANKAR
Dilip Kumar – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. A.K.Chaturvedi, Advocate
For the State : Mr. Sanjay Kumar Srivastava, A.P.P.

JUDGMENT :

1. The present petition has been filed for quashing the order dated 15.02.2006 passed by the learned Chief Judicial Magistrate, Jamshedpur in Sakchi P.S. Case No. 11 of 2006 corresponding to G.R. No. 88 of 2006, whereby cognizance of the offence under Section 304-A of the Indian Penal Code has been taken against the petitioner and one Dr. Anjali Kumari. Further prayer has been made for quashing the entire criminal proceeding arising out of the aforesaid case, pending in the court of Chief Judicial Magistrate, Jamshedpur.

2. Learned counsel for the petitioner submits that the petitioner was the attending doctor of M.G.M. Medical College and Hospital, Jamshedpur on 14.01.2006 wherein the son (the deceased) of the informant was brought for treatment. However on examination of the son of the informant, it was found that he was brought dead. The informant (opposite party no. 2) thereafter lodged an F.I.R. against the petitioner and one Dr. Anjali Kumari without any factual substance. It is further submitted that even if the allegation made by the opposite party no.2 is taken to be true on the face of it, it does not constitute any ingredient under Section 304-A of I.P.C. It is

























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