RAJESH SHANKAR, J.

1. The present petitions have been filed for quashing the entire criminal proceeding including the order dated 21.01.2008 passed by the Judicial Magistrate, Ranchi in Complaint Case No. 1458 of 2006 whereby cognizance of the offence under Section 304-A IPC has been taken against the petitioners, pending before the said Court.

2. The brief facts giving rise to lodging of Complaint Case No. 1458 of 2006 is that the brother of the complainant-O.P. No. 2 namely Mithilesh Kumar Ray (now deceased) was suffering from the ailment of gall bladder stone for which the petitioner-Dr. Satish Midha was consulted on 05.08.2006, who after necessary tests done on 05.08.2006 and 06.08.2006, advised for operation/surgery of gall bladder stone along with appendix. Dr. Satish Midha told the O.P. No. 2 and Mithilesh that he was an expert in conducting surgery by Laparoscopic method and he would see to the risk which might occur after surgery. Dr. Satish Midha thus induced the complainant to get the said surgery done by him with a view to earn money and on such assurance, the complainant agreed for the surgery. Accordingly, the surgery by Laparoscopic method was done on 07.08.2