JUDGMENT :

SHARAD KUMAR SHARMA, J.

1. This C-482 Application itself encompasses a very peculiar fact and circumstance, which relates to a criminal action being taken against the applicant, who is providing services in the nature, which is crucial for public at large, which could be logically termed as to be the essential service.

2. In the case at hand, the present applicant is a medical professional and a Gynaecologist. Allegation against her in the FIR No. 104 of 2018, as it was got registered at Police Station Almora, was that on a delivery of a child, as it was conducted by her on the wife of the complainant, it was alleged in the FIR, that the manner in which the treatment or the delivery process was provided by the present applicant, there has been negligence on her part because as per the allegation, it was alleged that when the delivery had taken place, the child upon his delivery was not crying, though the child was clinically keeping well, but in order to provide warmth to the child to sustain him, certain medical devices were applied by the doctor, the present applicant, to keep the child warm in order enable him to survive.

3. The allegation in the FIR was that the device,