Prashant Kumar Gupta @ Dr. ... vs The State Of Jharkhand
2022 Latest Caselaw 1737 Jhar

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Cr.M.P. No. 1018 of 2022
               Prashant Kumar Gupta @ Dr. Prashant Kumar Gupta ... Petitioner
                                        -Versus-
               The State of Jharkhand                          ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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               For the Petitioner              : Mr. Randhir Kumar, Advocate
               For the Opposite Party-State    : A.P.P.
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02/02.05.2022. At the outset, learned counsel for the petitioner submits that he will array the informant as opposite party no.2 in this petition.

Learned counsel for the petitioner submits that the petitioner is a doctor and he has done surgery upon the deceased and thereafter the deceased has died. He further submits that the case has been registered under Section 302, 336, 420, 120B of the Indian Penal Code. He also submits that the postmortem report does not reveal that any injury has been caused with an intention or knowledge that it is likely to cause death. He further submits that the Indian Penal Code sections are not attracted. According to him, the case of the petitioner is covered in light of the judgment rendered by the Hon'ble Supreme Court in the case of Jacob Mathew v. State of Punjab, reported in (2005) 6 SCC 1.

Let notice be issued upon newly added opposite party no.2 by ordinary process as well as registered post with A/D, for which, requisites etc. must be filed within two weeks.

Learned counsel for the State shall take instruction and file counter affidavit within four weeks.

The petitioner shall not be arrested in connection with Deoghar Town P.S. Case No.294 of 2021, pending in the court of the learned Chief Judicial Magistate, Deoghar, till the next date.

The petitioner shall co-operate in the investigation. Let this matter appear on 29.09.2022.

(Sanjay Kumar Dwivedi, J.) Ajay/