JUDGMENT :

A.K. MISHRA, J.

1. This is a proceeding under Section 482 Cr.P.C. to quash the cognizance order dated 28.6.2004 passed in G.R. Case No. 1487 of 2002 pending in the court of learned S.D.J.M., Sadar, Cuttack in respect of accused-petitioner Smt. Pratibha Das, who is one of the accused persons.

2. Heard learned counsel for the petitioner and Mr. J.Katikia, learned Addl. Government Advocate for the State.

3. The impugned cognizance order reveals that after taking cognizance under Sections 309/306/506/34 I.P.C., sufficient ground was found to proceed against three accused persons, namely, Sri Ambuja Kumar Das, Sri Ranjit Kumar Banarjee and Smt. Pratibha Das.

4. The F.I.R.(Annexure-1) reveals that the petitioner is the mother of one Abinash Das, child of 3 1/2 years old who expired during treatment in S.V.P. Post Graduate Institute of Paediatrics, Cuttack on 5.10.2002. On the allegation made by the father of the child, an enquiry was conducted regarding negligence of doctor and the enquiry report was submitted to the Director, Medical Education and Training on 18.10.2002. On 28.10.2002, the mother of the deceased sat on hunger-strike in front of the Outdoor, threatening to die, dem