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Bombay High CourtWP/1043/2014rule absolute

Dr Uday Dinkar Patil And Another v. The State Of Maharashtra

2016-01-06Hon'Ble Shri Justice A.V. Nirgude,Hon'Ble Kum. Justice I.K. Jain2 pages

crwp1043.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CRIMINAL WRIT PETITION NO. 1043 OF 2014 Dr. Uday Dinkar Patil and anr.

...Petitioners

VERSUS

The State of Maharashtra

...Respondent

.....

Shri K.C.Sant, advocate for petitioners Shri S.P.Deshmukh, A.P.P. for respondent/State .....

CORAM : A.V.NIRGUDE AND INDIRA K.JAIN, JJ.

DATED : 6th January, 2016 O R D E R :

Rule. Rule is made returnable forthwith. Heard finally with the consent of the learned counsel for parties. 2] This petition seeks quashing of Crime No. 51 of 2014 registered with Bodhwad police station against the petitioners. 3] It was a case of alleged medical negligence. The complainant's wife died during medical treatment. The complainant alleged that due to the negligence of the petitioners her death was caused. After the complaint was lodged the matter was referred to the Civil Surgeon who opined that this would not be a case of medical negligence.

crwp1043.14 4] In view of this we have no hesitation to come to a conclusion that Crime No. 51 of 2014 deserves to be quashed. There shall be order in terms of prayer clause 'A'. [INDIRA K.JAIN, J.] [A.V.NIRGUDE, J.] dbm/crwp1043.14