CHATTISGARH HIGH COURT
G. R. S. Soni, J
Jairam Iyer R. v. State of Chhattisgarh
| Table of Content |
|---|
| 1. introduction of case background and facts. (Para 1 , 2 , 9) |
| 2. arguments presented by both parties. (Para 3 , 4 , 5 , 6 , 7) |
| 3. legal standards and definitions of negligence. (Para 10 , 12 , 15 , 18) |
| 4. discussion on medical negligence. (Para 20 , 21 , 23) |
| 5. conclusion on abuse of court process. (Para 32 , 34 , 36) |
1. The petitioner herein is an interventional Cardiologist and on the date of occurrence was working as Senior Consultant in the Apollo Hospital, Bilaspur, while facing criminal prosecution for commission of offences punishable under S.304 - A, 468 & 201 of the Indian Penal Code , has invoked the inherent jurisdiction of this Court under S.482 of the Code of Criminal Procedure (henceforth 'Cr.P.C.') for quashment of charge - sheet and criminal prosecution initiated against him for the above - stated offences.
2. The essential facts, as unfolded by the prosecution, to find out whether petitioner is entitled to the relief claimed in the criminal miscellaneous petition are as under: -
(2.1) The State of Chhattisgarh through Station House Officer, Police Station Sarkanda submitted a charge sheet under S.173 of the Cr.P.C. against the petitioner herein for co
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