ORDER

The petitioners/accused in STR.No.2081 of 2011 who are facing trial for the offence under Section 338 IPC on the file of the learned Judicial Magistrate No.I, Puducherry filed this quash petition.

2.The gist of the complaint is that the respondent's wife Mrs.S.Dharani was admitted in Puducherry Government Hospital on 26.05.2004 for second pregnancy delivery. On 07.06.2004 cesarean operation conducted, she gave birth to a male child and she was discharged from the hospital on 15.06.2004. The specific case against the petitioners is that due to negligence during cesarean operation, the said Mrs.S.Dharani developed complications and she developed tumor in her stomach. She was again admitted in the same hospital on 30.06.2004 as in-patient and without giving proper treatment, she was discharged on 13.07.2004. Subsequently she was taken to a Private Hospital at Tindivanam and later, to Government Hospital at Villupuram where she was advised surgery for the tumor in the stomach and she was further advised to approach the Puducherry Government Hospital for necessary treatment. When she was taken to the Puducherry Government Hospital, she was not given proper treatment and was dischar