Hon’ble Anil Kumar Srivastava-II, J.—Heard Shri Rakesh Dubey, learned counsel for the petitioners and learned A.G.A. and perused the record.

2. Petition has been preferred to quash the proceedings of case No. 622 of 2009, State v. Shiv Dutt Sharma and others, charge-sheet No. 4/2009, arising out of case crime No. 18/2009, Police Station Akbarpur, District Kanpur Dehat, under Section 304 A IPC and 3 (1) (X) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, pending before the Court of learned Chief Judicial Magistrate, Kanpur.

3. Learned counsel for the petitioner submits that as per the prosecution version one Ram Shankar (deceased) husband of complainant Savitri Devi was admitted for treatment in Pushpeya Hospital Gandhi Nagar, Akbarpur, District Kanpur Dehat on 12.8.2008 by his nephew Om Narain an amount of Rs. 50000/- was deposited in the hospital but receipt of only 5500/- was issued. He was operated upon by Dr. Sohail and Dr. Vivek Shukla. It was advised by them that water should not be administered to the patient but the same was given to him on 16.8.2008. Deceased Ram Shankar died in the hospital. When the complainant demanded the receipt of Rs. 50,000/-, she was abused and threatened. It is further submitted that a poisonous injection was given to the deceased causing his death. Application under Section 156(3) Cr.P.C. was moved by the complainant on 1.11.2008 wherein the learned Magistrate passed an order for registration of the case which was registered on case crime No. 18/2009, under Section 304 IPC and 3 (2) (V) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Akbarpur. After investigation, Investigating Officer recorded a finding that at the most case is made out under Section 304 A IPC and 3(1) (X) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Accordingly, charge-sheet was submitted by him. It is further submitted that the petition was preferred by the petitioners being petition No. 718/2009 wherein the arrest of the petitioner was stayed vide order dated 29.1.2009. After submission of the charge-sheet cognizance was taken by the learned Magistrate.

4. Learned counsel for the petitioner submits that it is an abuse of process of law if the petitioners are tried by the Court below. It is submitted that it is an admitted fact that Ram Shankar was admitted in the Pushpeya Hospital wherein he was operated by Dr.Sohail and Dr.Vivek Shukla on 14.8.2008. Operation was successful. Subsequently, due to a cardiac arrest Ram Shankar died in the hospital on 16.8.2008. It is submitted that the family members of Ram Shankar received the dead body after obtaining the death certificate and last rites were performed. After a gap of about three months application under Section 156(3) Cr.P.C. was moved with false allegations. It is further submitted that there was no allegation of negligence at the time of operation. Even the Investigating Officer has recorded its finding that if the allegation of giving poisonous injection are found to be correct then the FIR should have been lodged immediately but the same was lodged after a gap of three months. There is no material available on record to show that either any medical negligence ws committed or any excess money was charged as alleged in the complaint or any incident took place.

5. Learned A.G.A. opposed the prayer.

6. Dr. Sohail and Dr. Vivek Shukla are qualified doctors. Dr. Sohail is having M.S. degree in surgery while Dr. Vivek is M.D. They have stated that operation was successful. On 16.8.2008, suddenly patient collapsed due to cardiac arrest. Even in the statement of the complainant the only allegation is that they have specifically given a direction that the water should not be given to the patient but the same was given to him. Although, there is no material in support of the allegations as to who has administered water to the patient. Dr. Shiv Dutt Shukla is the owne