ORDER

This Criminal Miscellaneous Case is filed to quash the proceedings in C.C.No.522/2015 on the file of the Judicial First Class Magistrate Court-I, Thamarassery arising from Crime No.280/2013 of the Koduvally Police Station, Kozhikode. The above case is charge-sheeted against the petitioner alleging offence punishable under Section 304A IPC.

2. The petitioner is a Gynecologist. The above case is charge-sheeted on accusation that the patient by name Ramla Anwar admitted for delivery in Santhi Hospital was under care and treatment of the petitioner and the injection Aculav I.V.1.2 g was administered under his instruction intravenously and without giving test dose and as result of which the baby died after delivery due to asphyxia. According to the petitioner, he was working as Resident Medical Officer of Santhi Hospital and Smt. Ramla Anwar was the patient of Dr.Siva Moorthy of the said hospital and all treatments were given under his instruction and direction. The petitioner never gave instruction to administer injection Aculav I.V.1.2 and the same was not given intravenously. It is also submitted that, though postmortem was advised, the father of the baby was not willing for the