JUDGMENT

R. K. PATRA, ACJ. — In this application made under Sec. 482 of the Code of Criminal Procedure, the petitioners seek quashing of the order dated 17.7.1999 of the learned Sub-divisional Judi¬cial Magistrate, Sadar, Cuttack of (in brief ‘S.D.J.M.’) in G.R.Case No. 2228 of 1996 by which he has taken cognizance of the offences under Sec. 304-A and Sec. 304, Part-II, I.P.C. and directed issue of processes against them.

2. Opposite party No.2.presented a written report before the Officer-in-charge of Mangalabag Police Station, Cuttack on 23.12.1996 alleging that her husband Satyanarayan Bhuyan was admitted into Kailash S.N.T. Clinic for Tonsiloctomy operation on that day at 8 a.m. and the operation was done by petitioner No.1. Petitioner No.2 being the anesthesist attached to the said clinic administered general anaesthesis to the patient. At about 10 a.m. petitioner No.1 and his associates came out from the Operation Theatre. When opposite party No.3 asked them about her husband, she was told by them that operation was in progress and there would be no difficulty. One hour thereafter, petitioner No.1 told her that he was sorry that the operation on her husband could not be succe