- (1.) This application under Section 482 Cr.P.C. has been moved for quashing the impugned order dated 14.7.2016 passed by the Additional Chief Judicial Magistrate, Court No. 2, Bulandshahar in Misc. Surrender Application No. Nil of 2016 (State Vs. Dr. Kuldeep Kaushik) in connection with Case Crime No. 179 of 2016, under Sections 304, 314 IPC, Police Station - Siyana, District - Bulandshahar. It is further prayed to direct the Additional Chief Judicial Magistrate, Court Room No. 2, Bulandshahar to decide the surrender application dated 25.6.2016 afresh on its merit after due examination of the grounds taken by the applicant. It is next prayed that the operation, effect and consequences of the impugned order dated 14.7.2016 as well as the proceeding of taking any coercive action as against the applicant on the instant of Investigating Officer in the present matter may also be stayed during the pendency of the present matter.
(2.) Brief facts of the case are as follows.
(3.) Applicant is a B.A.M.S. Doctor from Chhatrapati Shahuji Maharaj University Kanpur and he is a registered medical practitioner with the Medical Council of India, Uttar Pradesh. Hospital of the applicant is also established as per provisions of law duly licensed and registered hospital as per law with regional Ayuervedic and Unani Officer, Bulandshahar. Deceased died in the hospital when she was under surveillance of competent medical practitioner in a competent hospital, so neither the present case is of medical negligence nor is it a case of commission of any criminal offence at all. In the circumstances, no wrong has been committed by Dr. Anil Kumar Singh, M.B.B.S. M.D.(General Sargon). Smt. Satto, who died was duly informed about the risk of the operation and after signing of the relevant document by the authorised person required treatment was given. Dr. Anil Kumar Singh, who treated the patient Smt. Satto, was a competent doctor and was eligible to provide the treatment to her as well as to do her surgical operation. The deceased died due to medical reasons in spite of proper treatment.;