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SURYA PARTAP SINGH . J.

1. This is a petition under Section 528 of the ‘Bharatiya Nagarik Suraksha Sanhita, 2023’, (erstwhile corresponding provision 482 Cr.P.C). By virtue of present petition the quashing of a criminal complaint bearing No.COMI 492-2023 CNR No.HRGR031751162023 titled as “Sourabh Chhabra versus Dr. Rohit Lalit” alongwith the summoning order dated 04.09.2024 passed in the above-mentioned complaint has been sought to be quashed. The above-mentioned complaint is pending in the Court of learned Judicial Magistrate 1st Class, Gurugram, hereinafter being referred to as ‘trial Court’ only. The allegations in the above-mentioned complaint against the petitioner/accused, hereinafter being referred to as petitioner only, are for the commission of offence punishable under Section 304A IPC.

2. Briefly stating the facts emerging from record are that the respondent/complainant, hereinafter being referred to as respondent only, has filed a complaint before the learned trial Court, alleging therein that;-

“due to gross medical negligence committed by the petitioner/accused, hereinafter being referred to as petitioner only, the 22 year old sister of the respondent namely ‘Sim