Dr. Divya Rashmi vs The State Of Jharkhand & Anr
2022 Latest Caselaw 447 Jhar

                                       1

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   Cr.M.P. No. 2567 of 2021

Dr. Divya Rashmi                                        ......    Petitioner
                       Versus
The State of Jharkhand & Anr.                           ......    Opp. Parties


      CORAM:         HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioner :Mr. Mukesh Kumar, Advocate
For the State      : Mr. B. N. Ojha, A.P.P.
                   ............

02/Dated: 14/02/2022 This petition has been heard through Video Conferencing in view of

the guidelines of the High Court taking into account the situation arising due to

COVID-19 pandemic.

Learned counsel for the petitioner submits that petitioner is a well

qualified doctor. She is MBBS (Gold Medalist) and MS (Obs/Gyane) and is a well

qualified Gynae Endoscopic Surgeon in Swastik Seva Sadan (Maternity,

Laparoscopy & Urology Centre) at Budhidih More, Digda (Bokaro). He submits

that surgery was conducted by petitioner and other doctors but the patient

could not be saved that is why this case has been lodged against the petitioner

under section 304(A) of the I.P.C. He further submits that the case of the

petitioner is covered with judgment in the case of "Jacob Mathews Vs.

State of Punjab & Anr." reported in (2005) 6 SCC 1 (Full Bench)" and in

the case of "Martin F.D. Souza Vs. Mohd. Ishfaq" reported in (2009) 3

SCC 1.

Learned counsel for the State shall take instruction and file

counter-affidavit within four weeks.

Let notice be issued upon O.P. No. 2 under registered cover with

A/D as well as by registered cover for which requisites etc. must be filed within

two weeks.

Till the next date, no coercive step shall be taken against the

petitioner in connection with Dugda P.S. Case No. 08/2016, corresponding to

G.R. No. 122 of 2016, pending in the Court of learned S.D.J.M., Bermo at

Tenughat.

Post the matter on 18.04.2022 along with Cr.M.P. No. 2620 of 2021.

( Sanjay Kumar Dwivedi, J.)

Satyarthi/