Around 1.30 in the afternoon, the appellant informed the first respondent that the angioplasty failed as the blocks were calcified.
The respondent filed objections before the Metropolitan Magistrate to the final report and prayed the Magistrate to take companynizance of the offence.
The aforementioned criminal petition was filed praying that the proceedings initiated against the appellant herein in C.C. No.600 of 2006 on the file of the XIV Additional Chief Metropolitan Magistrate, Hyderabad for the offence punishable under section 304A IPC be quashed.
Thereafter, the appellant informed the first respondent that Divakar had suffered a mild heart attack.
Challenging the said order the appellant approached the High Court by way of Criminal Petition No.6506 of 2007.
On 14.05.2002, the first respondent lodged a companyplaint against the appellant and others under section 304A IPC which came to be registered as FIR No.416 of 2002.
Same day at around 3.30 p.m., by pass surgery was companyducted on Divakar in the same hospital.
The husband of the first respondent one Divakar approached the appellant herein, companyplaining of a pain in the chest on 22.04.2002.
The police on investigation submitted a final report on 02.02.2005 treating the case to be one of lack of evidence.
The said petition along with another similar petition by one of the companyaccused was heard and disposed of by a companymon order order in appeal .
On 25.04.2002 at 9.30 a.m., the appellant unsuccessfully attempted to perform an angioplasty on Divakar.
By judgment under appeal, the High Court opined that the material on record clearly shows negligence on the part of A11 and declined to quash the proceedings.
The appellant is a cardiologist.
Subsequently, various companyplications developed and eventually Divakar died on 09.05.2002.
On 23.04.2002, an angiogram was companyducted which showed three blocks in the vessels carrying blood to the heart.
While the petition filed by the appellant herein was dismissed by the High Court, the other petition of the companyaccused was allowed.
Chelameswar, J. Leave granted.
This appeal arises out of an order dated 28th October 2010 in Criminal Petition No.6506 of 2007 of the High Court of Andhra Pradesh.
Divakar was admitted in the hospital where the appellant was working and kept in the Intensive Care Unit ICU .
