Sandeep Mehta, J. - (1.) Heard learned counsel for the parties.
(2.) The instant misc. petition has been preferred by the petitioner seeking quashing of F.I.R. No. 254/2009 registered against her at P.S. Sojat City, District Pali for the offences under Sections 316 and 338 I.P.C.
(3.) Succinctly stated the facts necessary for the disposal of the instant misc. petition are that the respondent No. 2 filed a complaint in the Court of ACJM, Sojat on 17.7.2009 alleging inter alia that the petitioner was posted as Junior Specialist in the Government Hospital, Sojat City. It was alleged that the complainant's wife was expecting a child and was under the treatment of the petitioner for the entire pregnancy period of about eight months. It is alleged that the petitioner gave assurance to the complainant's wife that the foetus was healthy. The sonography reports were shown to the petitioner from time to time who assured about well being of the foetus. It is alleged that the expected date of delivery given to the complainant was 12.7.2009. On 30.6.2009, the complainant's wife was again examined by the petitioner and she allegedly informed the petitioner that she was not feeling the movement of the foetus in the womb but the petitioner insisted that the foetus was alive and healthy. On 12.7.2009, again the examination was conducted and the complainant was informed that the child would be delivered by committing a cesarean section on 15.7.2009. On 13.7.2009, the complainant's wife again went to the petitioner and requested the recommendation of a sonography to be done. When sonography was conducted, it was reported that the child had died earlier to the sonography being done. It was further alleged that the petitioner did not provide medical services to the complainant's wife and another doctor delivered the dead foetus. Thus, it was alleged that the petitioner deliberately acted rashly and negligently resulting into the death of foetus and risk being posed to the complainant's wife. This complaint was forwarded to P.S. Sojat City for investigation under Section 156(3) Criminal Procedure Code where F.I.R. No. 254/2009 was registered and investigation commenced.;