Hon'ble Bachchoo Lal,J.
1. The petition seeks issuance of a writ in the nature of certiorari for quashing first information report dated 30.03.2015 in Case Crime No.122 of 2015, under Sections 304, 419, 420 I.P.C. & 3(2) (V) Scheduled Castes and Scheduled Tribes Act, Police Station Gosaiganj, District Lucknow.
2. Order dated 16.12.2015 passed by this Court reads as under:
1. Short counter affidavit has been filed on behalf of the Prosecuting Agency, which is taken on record.
2. The Court finds that an independent Board of Doctors has not examined the medical report to give an opinion in regard to the cause of death of the deceased.
3. Learned counsel appearing for the State contends that the matter would be referred to the Vice Chancellor, King George Medical University, Lucknow along with the entire medical report of the deceased, with a request that a Board of Doctors of various specialties be constituted to examine the medical record of the deceased and give opinion.
4. List on 3.2.2016.
5. Let the needful be done in the meantime.
3. In deference to the above extracted order, Medical Board was constituted which has given its opinion which has been placed on record as Annexure-C.A.2 along with affidavit filed in Court today.
4. The opinion suggests that rightside of the heart, right ventricle and both pulmonary artery had fat embolism. It has further been opined that in cases of abortion fat embolism can cause sudden death. The report apparently does not suggest commission of offence of culpable homicide.
5. The Investigating Officer is directed to conduct investigation in context of the report furnished by Board of Doctors and finalize investigation.
6. With the above direction, the case is disposed of.
Order Date :- 3.2.2016 Jitendra