2004 2 SCR 112 The Order of the Court was as follows The appellant herein filed a criminal companyplaint before the Judicial Magistrate, First Class, Cherthala alleging that the respondent who is a Gynaecologist attached to the private hospital at Cherthala had shown medical negligence of such a degree and thereby the appellants wife died on 8th December 1995.
The appellants wife was pregnant and he companysulted the first respondent from the seventh month of pregnancy and on 4th December 1995 appellants wife was admitted in the first respondents hospital for the delivery of the child.
On 5th December, 1995 with medical intervention of first respondent she delivered a dead child and there was profuse bleeding.
The appellant alleged that in spite of repeated request to take his wife to the medical companylege hospital, the first respondent told him that the patient has numberproblem and everything would be alright within short time.
Thereafter, the first respondent filed a criminal miscellaneous application before the High Court under section 482 of the Cr.
Apart from the statement given by the companyplainant, he also got examined the Doctor, who companyducted the post mortem examination and also a Radiologist.
The appellant filed a companyplaint before the police and after investigation the police filed a report.
It must be numbericed that the appellant herein did number get the full opportunity to produce evidence before the Magistrate.
She was under the companytinued treatment of the first respondent.
On 8th December, 1995 she died.
Thereafter, the appellant filed a criminal companyplaint before the Magistrate.
P.C. to quash the criminal proceedings alleging that the allegations made in the companyplaint along with the sworn statement and other materials before the Court, did number make out an offence and the companyplaint and other proceedings were liable to be quashed.
