P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 with a prayer to quash the F.I.R. of Saraidhela P.S. Case No.171 of 2019 registered for the offences punishable under Sections 304A /34 of the Indian Penal Code.

3. The brief fact of the case is that the petitioner is the doctor of JIMS Hospital and he was treating the sister of the informant. The sister of the informant was admitted in the said hospital because of the injuries sustained in her waist. During the treatment, the condition of the sister of the informant deteriorated. The informant intimated the nurse of the hospital to intimate the doctor but the nurse did not call any doctor; because of which the sister of the informant died in the morning of 31.08.2019.

4. Learned counsel for the petitioner relies upon the judgment of the Hon’ble Supreme Court of India in the case of Jacob Mathew vs. State of Punjab & Others reported in 2005 INSC 334 wherein the Hon’ble Supreme Court of India has held in paragraph-49 that negligence in the context