Saumitra Dayal Singh, J. - (1.) Heard Shri G.S. Chaturvedi, learned Senior Advocate, assisted by Shri Samit Gopal, Advocate, for the applicant; Shri Dharmendra Singhal and Shri Manoj Kumar Tiwari, learned counsel for opposite party no.2 and Shri S.N. Mishra, learned AGA for the State.
(2.) This application under Section 482 Cr.P.C. has been filed to quash the f dated 27.03.2017 passed by the Additional Sessions Judge, Court No.14, Varanasi in Criminal Revision No. 305 of 2015 (Dr. Smt. Indu Singh Vs. State of U.P. & Anr.), by which the discharge application filed by the applicant under Section 245(2) Cr.P.C. has been rejected.
(3.) The facts giving rise to the present application fall in a narrow compass. The wife of opposite party no.2 was under treatment of the applicant who, admittedly, is a trained allopathic doctor, holding degree of M.B.B.S; M.D. in Gynaecology & Obstetrics. It is the admitted case between the parties that the wife of opposite party no.2 first visited the applicant on 5-6 October 2008 when she was diagnosed with fibroid uterus (with profused bleeding), she was admitted for a surgery for removal of uterus on 06.11.2008. The surgery itself was performed on 10.11.2008 and consequently biopsy report was received on 20.11.2008, disclosing malignancy in uterus. The patient was then discharged on 24.11.2008. She died on 31.12.2008.;