Dr. Ashish Garg And 2 Others vs State Of U.P. & Another
2015 Latest Caselaw 1532 ALL

Citation : 2015 Latest Caselaw 1532 ALL
Judgement Date : 29 July, 2015

Allahabad High Court

Dr. Ashish Garg And 2 Others vs State Of U.P. & Another on 29 July, 2015

Bench: Pankaj Naqvi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- APPLICATION U/S 482 No. - 21515 of 2015
 

 
Applicant :- Dr. Ashish Garg And 2 Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Digvijay Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Pankaj Naqvi,J.

Supplementary affidavit filed today is taken on record.

Heard learned counsel for applicants and learned A.G.A. for the State.

This application under Section 482 Cr.P.C. is preferred for quashing the order dated 11.5.2015 passed by the learned A.C.J.M. (Court No.11) Agra in Complaint Case No. 5087 of 2014, under Sections 323, 324, 504, 506, 342 I.P.C. P.S. New Agra, District Agra, pending in the court of A.C.J.M. Agra.

The contention is that the applicants are doctors, the father of opposite party no.2 was examined by applicant no.1 on 6.8.2014 and was referred to the hospital of applicant no.2, wherein he passed away on 7.8.2014. The contention is that the death was attributable to natural reasons, but was alleged to be a case of medical negligence on a complaint filed by the opposite party no.2, who claims to be an advocate, which resulted in the summoning of the applicants under Sections 323, 224, 504, 506, 342 I.P.C. But in Criminal Revision No. 123 of 2015 preferred by O.P. No.2, it was stated in para 2 thereof that no offence u/s 323, 224, 504, 506, 342 I.P.C is made out as the complainant had not filed any documents, but the applicants ought to have been summoned u/s 304 I.P.C.

Thus, the contention is that once the complainant / O.P. No.2 himself admits that it was not a case of summoning u/s 323, 224, 504, 506, 342 I.P.C the order of summoning dated 11.5.2015, stands vitiated, as being an abuse of process of the Court.

Issue notice to O.P. no. 2 returnable at an early date. Counter affidavit may be filed within a month. Rejoinder if any, may be filed within two weeks thereafter.

List in the week commencing 26.10.2015, before the appropriate Court.

Till the next date of listing, further proceedings Complaint Case No. 5087 of 2014, under Sections 323, 324, 504, 506, 342 I.P.C. P.S. New Agra, District Agra, pending in the Court of A.C.J.M. Agra shall remain stayed in respect of the applicants only.

Order Date :- 29.7.2015

AHN