Dr. Smita Sudam Gawade v. The State Of Maharashtra And Another

Cri.Appln.No.1100/2023 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1100 OF 2023 Dr. Smita Sudam Gawade ... APPLICANT

VERSUS

1.

The State of Maharashtra 2.

Ravindra Kisan Kale ... RESPONDENTS .......

Mr. A.K. Bhosle, Advocate for applicants Mr. A.R. Kale, A.P.P. for State Mr. K.P. Rodge, Advocate for respondent No.2. .......

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATE :

18th JULY, 2023 O R D E R :

Heard. The applicant is a medical practitioner, serving with Civil Hospital, Badnapur. She is charged with the offences punishable under Sections 304-A, 314 read with Section 34 of the Indian Penal Code. In view of the directions of the Apex Court in case of Jacob Mathew Vs. State of Punjab & Anr., (2005) 6 SCC 1, the investigating officer has obtained an opinion of a Committee constituted in terms of those directions. The Committee's report favours the applicant herein. We have, therefore, no option but to

Cri.Appln.No.1100/2023 :: 2 ::

allow the application. Hence the order :

O R D E R

(i) The Criminal Application is allowed in terms of prayer clause (C).

(ii) The F.I.R. bearing Crime No.05 of 2023, registered with Kadim Jalna Police Station for the offences punishable under Sections 304-A, 314 read with Section 34 of the Indian Penal Code is quashed.

(SANJAY A. DESHMUKH, J.) (R.G. AVACHAT, J.) fmp/-