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2017 Supreme(All) 753

RAMESH SINHA, MAHESH CHANDRA TRIPATHI
AMIT UPADHYAY – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
Kumar Dhananjay and Anurag Pathak for the Petitioner; A.G.A., Suhel Ahmad Azmi, Akhilesh Kumar Mishra and Pankaj Kumar for the Respondents.

JUDGMENT

By the Court.—Heard Sri Kumar Dhananjay, learned counsel for the petitioner and Sri Vikas Sahai, learned A.G.A. for the State. Sri Suhel Ahmad Azmi, learned counsel for the respondent No. 3 is not present though the matter is called in the revised list.

2. Dr. Amit Upadhyay is before this Court assailing the impugned First Information Report dated 2.5.2017 registered as Case Crime No. 288 of 2016, under Sections 336 and 326, Police Station Medical College, District Meerut.

3. Record in question reflects that the petitioner is a qualified doctor and at present he is the Head of Department of Paediatrics, L.L.R.M. Medical College, Meerut. Record in question further reflects that impugned First Information Report has been lodged by the respondent No. 3 alleging therein that her daughter ‘Falak’ was born on 3.7.2015 at Tara Chand Shastri Hospital, Hapur after operation. Thereafter, the daughter of respondent No. 3 was referred to Medical College, Meerut as she was under weight. At Medical College, Meerut the treatment was given to baby Palak by the petitioner.

4. It has been alleged that due to negligence being shown by the petitioner, the baby Falak has lost her eye sight.

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