JUDGMENT :

J.J. Munir, J.

1. Many in the world of medicine say, or at at least tempted to say, “I Treat He Cures”. All qualified doctors, except the occasional and recalcitrant few “treat” their patients. Whether they are cured or not in every case, is certainly not in the hands of the doctor. What if a doctor treats, but the patient is not cured; in fact, he dies. Does the doctor become guilty of the offence of death by negligence, punishable under Section 304A IPC?

2. This is all that the present case is about.

3. This Application under Section 482 Cr.P.C. has been filed by a certain Dr. A.K. Gupta, and, another Dr. Alok Mishra, seeking to quash the entire proceedings of Complaint Case no.2028 of 2004, Indradev Chauhan vs. Dr. A.K. Gupta and another, under Section 304 IPC, Police Station George Town, District Allahabad.

4. The applicants have come up with a case that the Priti Hospital (hereinafter referred to as the 'hospital') is one of the renowned Medical Care Centres in the City of Allahabad. It is equipped with the most modern and updated equipment, employed in the diagnosis and treatment of diseases. The doctors at the hospital are highly skilled and qualified professionals, in