Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23156 of 2018 Petitioner :- Dr. Mahesh Chandra Rawat And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilesh Srivastava,Saksham Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Akhilesh Srivastava,, learned counsel for the petitioners, Sri Gaurav Pratap Singh, learned brief holding for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 24.07.2018, registered as case crime No.420 of 2018, under Sections 304-A, 504, I.P.C., P.S. Sasnigate, District Aligarh.
Learned counsel for the petitioner submits that the petitioners were working in Rawat Nursing Home and the operation of surgery of the wife of respondent no.3 was conducted by the doctor Ambika Rawat (Gynecologist) in the presence of relatives of the said patent and thereafter the wife of respondent no.3 has died due the which the present FIR has been lodged by the respondent no.3 against the entire staff of the Rawat Nursing Home. He further submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 24.8.2018 VKG