GHULAM MOHAMMAD SHEIKH Vs. STATE OF J AND K
LAWS(J&K)-2006-6-3
HIGH COURT OF JAMMU AND KASHMIR
Decided on June 07,2006

GHULAM MOHAMMAD SHEIKH Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

- (1.) By the medium of this petition, petitioners have invoked the jurisdiction of this Court in terms of Section 561-A Criminal Procedure Code, for quashing of the proceedings drawn by the Court of Judicial Magistrate 1st Class, Second Subordinate Judge, Srinagar, in the case titled as State v. Dr. Ghulam Mohammad Sheikh, File No. 72/B of 2004, FIR No. 56 of 2004 P/S Karan Nagar, Srinagar, under Sections 269, 336 of RPC, on the grounds taken in the petition.
(2.) It appears that on 30th August, 2004, Mst. Shaheena was brought for post-surgery check-up. She developed acute pain and was shifted to Private Nursing Home where she was again operated upon and during the operation surgical gauze was found in the body of the patient which was removed.
(3.) P.W. 1, Ghulam Rasool lodged report in Police Station Karan Nagar which set the police in motion and police conducted investigation and presented challan under Sections 279 and 336 of RPC with the allegations that accused operated upon P.W. 3 negligently.;


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