JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

Heard learned counsel appearing for the petitioner, learned A.P.P. for the State and learned counsel appearing for the O.P. No. 2.

2. Prayer in this petition is made for quashing of the entire criminal proceeding including the order taking cognizance dated 14.01.2016, by which, cognizance for the offence under Section 304-A of the Indian Penal Code has been taken against the petitioner, in connection with Complaint Case no. 1201 of 2012, pending in the court of learned Judicial Magistrate, Dhanbad.

3. The complaint case was lodged by the O.P. No. 2 alleging therein that the complainant is the younger son of the deceased Kanti Sinha who died due to the gross medical negligence committed by the accused persons while she was admitted in the Hospital namely Dwaraka Das Jalan Memorial Hospital (Accused No. 1 in CP case). It is alleged that the accused No. 1 Hospital is being managed by Jeevan Rekha Trust and the accused No. 2 (The present Petitioner) is the treating Doctor under whom the deceased was under treatment and accused No. 3-5 are Junior Doctor who mostly attended to the deceased and used to give medicine by their own or on advice of the petit