Anju Gulati And ANR. v. State Of Punjab And ANR.

CRM-M-17376-2015 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-17376-2015 Date of decision: 15.01.2020 Dr. Anju Gulati and another ..... Petitioners

Versus

State of Punjab and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Vivek Salathia, Advocate for the petitioners. Mr. NK Banka, DAG, Punjab.

Mr. Vineet Sharma, Advocate for respondent No. 2. RAMENDRA JAIN, J. (ORAL) The instant petition has been filed under Section 482 Cr.P.C., seeking quashing Criminal Complaint No. 22 dated 12.09.2014 (Annexure P-1) under Sections 304-A and 336 read with Section 34 IPC and summoning order dated 26.02.2015 (Annexure P-2) rendered by Sub Divisional Judicial Magistrate, Ajnala and all consequential proceedings arising therefrom.

Heard.

Considering the law laid down by the Apex Court in Jacob Mathew Vs. State of Punjab and another, 2005(3) RCR (Criminal) 836 and a co-ordinate Bench of this Court in CRM-M-31874-2013, Dr. Kamaljeet Singh Vs. Prem Pal, decided on 30.05.2019, Criminal Complaint No. 22 dated 12.09.2014 (Annexure P-1) and impugned summoning order dated 26.02.2015 (Annexure P-2) are quashed, with a RISHU KATARIA 2020.01.23 11:07 I attest to the accuracy and integrity of this document

CRM-M-17376-2015 -2direction to concerned Judicial Magistrate, to refer the complaint to Medical Board, constituted by Chief Medical Officer/Civil Surgeon, concerned consisting of doctors having expertise in the filed of treatment given to the wife of complainant-respondent No. 2 and proceed further afresh, in accordance with law, after receipt of report from the Medical Board. The instant petition stands disposed of, accordingly. January 15, 2020 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2020.01.23 11:07 I attest to the accuracy and integrity of this document