M. K. Hanjura, J. - (1.)The petitioners-doctors by profession, have by invoking the inherent jurisdiction of this Court under and in terms of Section 561-A Cr.P.C, sought the indulgence of this Court in quashing the order impugned dated 16 th May, 2014 passed by the learned Judicial Magistrate, 1st Class, Surankote, Poonch in case titled, "State Vs. Muqarab Hussain and Another" (bearing File No. 131/2006), arising out of FIR No. 148/2005 for an offence under Section 304-A RPC."
(2.)The factual scenario of the case is that on the 27th day of August, 2005, the police authorities of Police Station, Surankote came to know from a reliable source that on the 26th day of August, 2005, one-Shamim Akhter W/o Mohd. Rafi, Caste Thakar R/o Chandi Madh, who was pregnant and was admitted by her husband in Sub District Hospital, Surankote (in brevity, SDH) died on the hospital bed at about 10 P.M along with the newly born baby. According to the attendants, the lady died in the hospital due to the negligence of the operating doctors. On the receipt of this information, the police authorities initiated inquest proceedings under Section 174 Cr.P.C, whereafter it was on 08th of September, 2005 that a case for an offence under Section 304-A RPC was registered against the petitioners with which the investigation commenced.
(3.)During the course of the investigation of the case, what came to the fore is that the deceased was admitted in S.D.H, Surankote by the petitioners and they failed to treat her properly. They handled her with negligence, as a consequence of which she breathed her last in the hospital itself. On the culmination of the investigation of the case, the police authorities of Police Station, Surankote, Poonch laid a report on the 09 th day of October, 2006 against the petitioners before the Court of JMIC, Surankote in terms of Section 173 Cr. P.C.