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2024 Supreme(P&H) 238

DEEPAK GUPTA
Max Super Speciality Hospital – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Parties :Mr. R.S. Cheema Senior, Advocate, Mr. Vishal Gupta, Mr. Ashok Sharma, Mr. Karunesh Kaushal AAG, Punjab, Mr. Bhavnik Mehta

Judgment

Mr. Deepak Gupta, J.

By way of this petition filed under Section 482 CrPC, petitioners pray to quash criminal complaint No.25 dated 10.06.2014 titled “Pooja Gupta Vs. Max Super Speciality Hospital and others” (Annexure P13), the summoning order dated 08.12.2014 (Annexure P25) passed by the Court of Ld. Chief Judicial Magistrate, SAS Nagar, Mohali and all consequent proceedings arising therefrom in the said complaint.

2.1 Complainant Pooja Gupta (respondent No.2 herein) filed the complaint Annexure P-13 arraigning Max Super Speciality Hospital, Mohali, through its Chairman, Director, Medical Superintendent as accused N: 1 (petitioner No.1 herein), Dr. Sudheer Saxena, Principal Consultant, Interventional Cardiology, working in Max Super Specialty Hospital as accused No.2 (petitioner No.2 herein); and one Dr. Pawan K. Kansal, MBBS, MD (Medicine), Cardiac Rehabilitation & Medical Central, H.No.3201, Sector 21-D, Chandigarh as accused N: 3 (not a party before this Court) seeking their prosecution for committing offences under Section 304A, 420 & 120B IPC.

2.2 It was submitted in the complaint that Shri Rishi Gupta (since deceased), the husband of complainant went

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