Dr. Saurabh Prasad @ Saurabh ... vs The State Of Jharkhand
2022 Latest Caselaw 1753 Jhar

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               IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           Cr.M.P. No. 657 of 2022

        Dr. Saurabh Prasad @ Saurabh Prasad                            ...... Petitioner
                               Versus

        The State of Jharkhand                                   ...... Opposite Party
                                      ---------

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Mohit Prakash, Advocate For the State : Mr. Satish Prasad, A.P.P.

04/Dated: 02/05/2022 Learned counsel for the petitioner shall array the informant as O.P. No. 2

in the petition in course of day.

Learned counsel for the petitioner submits that the petitioner is a

practicing doctor at Gumla. He further submits that surgery was done upon the

deceased, thereafter he died. Pursuant to that F.I.R. was lodged by the informant. He

submits that police investigated the case and submitted chargesheet wherein

petitioner has not been sent up for trial. He further submits that no protest petition

has been filed inspite of that learned court below took cognizance under section 304-

A I.P.C. He submits that petitioner was discharging his duty and he has taken utmost

care. He submits that no case under the I.P.C. is made out against the petitioner. He

refers to judgment in the case of "Jacob Mathew Vs. State of Punjab and

Another" reported in 2005 CRl. L. J. 3710 SC .

Let notice be issued upon O.P. No. 2 under registered cover with A/D as

well as by ordinary process, for which requisites etc. must be filed within two weeks.

There shall be stay of further proceeding in connection with Gumla P.S.

Case No. 292 of 2019, corresponding to G.R. No. 503 of 2021, pending in the Court of

learned Chief Judicial Magistrate, Gumla till the next date.

State shall take instruction and file counter-affidavit within four weeks.

Let this matter appear on 29.09.2022.

(Sanjay Kumar Dwivedi, J.)

Satyarthi/