Court quashes proceedings against docs allegedly booked for death of preganant lady

17/04/2018

JAMMU, Apr 16: In a petition filed by Dr. Muqarab Hussain and Anr who are doctor by professions seeking quashment order impugned dated 16th May, 2014 passed by the learned Judicial Magistrate, 1st Class, Surankote, Poonch in case titled, “State Vs. Muqarab Hussain and Another" (bearing File No. 131/2006), arising out of FIR No. 148/2005 for an offence under Section 304-A RPC.”
Justice MK Hanjura of J&K High Court after hearing Adv Rozina Afzal for the petitioners whereas Deputy AG Ashish Singh Kotwal for the state observed that the sword of Damocles has been kept hanging high on the heads of the petitioners during this period and their fate has been kept hanging like that of a "Trishunka"as a consequence of which, the order impugned dated 16th May, 2014 passed by the learned Judicial Magistrate, 1st Class, Surankote, Poonch in File No. 131/2006 dated 9th October, 2006, arising out of FIR No. 148/2005 in case titled, "State Vs. Muqarab Hussain and Anr." for an offence under Section 304-A RPC is quashed along with all other proceedings emanating therefrom.
2. The factual scenario of the case is that on the 27th day of August, 2005, the police authorities of Police Station, Surankote came to know from a reliable source that on the 26th day of August, 2005, one-Shamim Akhter W/o Mohd. Rafi, Caste Thakar R/o Chandi Madh, who was pregnant and was admitted by her husband in Sub District Hospital, Surankote (in brevity, SDH) died on the hospital bed at about 10 P.M along with the newly born baby. According to the attendants, the lady died in the hospital due to the negligence of the operating doctors. On the receipt of this information, the police authorities initiated inquest proceedings under Section 174 Cr.P.C, whereafter it was on 8th of September, 2005 that a case for an offence under Section 304-A RPC was registered against the petitioners with which the investigation commenced. JNF

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