Dinesh Kumar Singh, J. - (1.) Since both these applications relate to the same crime number, hence, they are being taken up together. 1. Heard the arguments advanced by Shri Bhanu Bhushan Jauhari, learned counsel appearing on behalf of the applicants and in opposition, Shri S.P.S. Chauhan, learned counsel, is appearing on behalf of opposite party no. 2 and Shri G.P. Singh, learned Additional Government Advocate, is appearing on behalf of the State of Uttar Pradesh. Perused the record.
(2.) By way of instant applications under Section 482 of the Code of Criminal Procedure, 1973 (for short "Code"), prayer has been made on behalf of the accused-applicants to quash the entire proceedings of Criminal Case No. 5426 of 2012 (State v. Dr. Adil and others), arising out of Case Crime No. 506 of 2012, under Section 304A of the Indian Penal Code, 1860 (for short "I.P.C."), Police Station - Civil Lines, District - Aligarh, pending in the court of Additional Chief Judcial Magistrate, Court No. 3, Aligarh as well as the summoning order dated 09.10.2012 passed by Chief Judicial Magistrate, Aligarh.
(3.) In order to appreciate the arguments advanced by the respective learned counsel, it would be appropriate to give in a nutshell facts of the case, which are as follows : The opposite party no. 2/informant had lodged an F.I.R. at Police Station - Civil Lines, District - Aligarh, stating therein that his brother Syed Parvez Ali, who was working in the Land and Garden Department of Aligarh Muslim University (for short "A.M.U.") on the post of Lower Division Clerk (L.D.C.), remained admitted for about 23 days in Special Ward No. 28 and had a tube installed in his chest. He was to be discharged on 16.06.2012 as he had become quite fit and was also in walking condition. His treatment was being given under the supervision of Dr. Hanif Beg and few other junior doctors also used to come to see him. On 16.06.2012 at about 09.00 A.M., the accused-applicant Dr. Adil Mahmud Ali @ Dr. Ali Adil Mahmud (hereinafter referred to as "Dr. Adil") along with a nurse came there and asked his mother and sister to go out of the room and when it was asked as to why they should got out, in front of them, the said doctor started cutting the tube which was installed in the chest of the patient with the assistance of a blade and as soon as the same was cut, blood oozed out profusely. The said doctor, with a lot of pressure, pressed the chest of the patient, as a result of which, blood started coming out of mouth of his brother and within 20 minutes' time, the whole room including the bed sheet, etc. got soaked in blood. The sister of opposite party no. 2, namely, Ashafiya opposed this act of the doctor, at which the doctor fled away from there. Soon thereafter, the persons taking care of the patient rushed to the emergency in order to give information and after that, one or two persons came there running and tried to stop the blood. Thereafter, the doctors started a drama for about one hour to revive the patient and ultimately, pronounced him dead. Thus, it was prayed that a case under Section 302 of I.P.C. be registered against the accused doctor.;