S.P. Talukdar, J. - (1.) The petitioner, Dr. Tapas Roy Chowdhury, by filing the instant application under Sec. 401 read with Sec. 482 of the Code of Criminal Procedure, has sought for setting aside of the order dated 8th May, 2007 passed by ld. 12th Court of the Metropolitan Magistrate, Kolkata, in connection with K2/D.D. Case No. 84 of 2004 under Sec. 304A of the Indian Penal Code.
(2.) Learned Court by the said order dismissed the application filed by the petitioner for his discharge.
(3.) Grievances of the petitioner may briefly be stated as follows: The petitioner is a reputed cardiac surgeon with many achievements and distinction. He treated one Priyanko Mukherjee, son of Aloke Kumar Mukherjee, during the period from 13th April, 1989 to 28th May, 1997. On 18th July, 2003, the said Priyanko Mukherjee, six years after being treated by the petitioner, expired. On the basis of a written complaint filed by the said Aloke Kumar Mukherjee, Shakespeare Sarani Police Station started a case being No. 84 of 2004 dated 20.3.2004 under Sec. 304A of the Indian Penal Code against the petitioner. The investigation authority after a perfunctory investigation submitted charge sheet being No. 19 of 2006 dated 21.2.2006 under Sec. 304A of the I.P.C. against the petitioner in the Court of ld. Chief Metropolitan Magistrate, Kolkata. The said case was subsequently transferred to the ld. 12th Court of Metropolitan Magistrate, Kolkata for disposal.;