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| HC restrains from filing challan against Dr Satish & Ors | | | Early Times Report
Jammu, June 28: In a petition filed by Dr. Satish & Ors seeking quashment of FIR No. 0037 of 2018 dated 31.05.2018 registered with Police Station, City, Jammu - respondent no.1 against the petitioners for commission of offences punishable under section 304A RPC; and proceedings/investigation being conducted by the respondent against the petitioners in the aforesaid FIR No.0037 of 2018 dated 31.05.2018, vacation Judge of J&K High Court Jammu Wing Justice Janak Raj Kotwal after hearing Sr. Adv Sunil Sethi with Adv Vaibhav Gupta for the petitioners issued four weeks' notice to State of J&K and directed that investigation shall go, charge sheet shall not be filed till next date of hearing before the Bench.
During the course of hearing Sr. Adv Sunil Sethi submitted that due to registration of FIR against the petitioners, the petitioners have been put to a very precarious position in as much as they are being subjected to unnecessary proceedings being conducted by the respondent. The petitioners while treating and operating the deceased have adopted the known medical established procedure, therefore, they cannot be held responsible. He further submitted that the FIR impugned is nothing but abuse of process of law. With a view to prevent the abuse of the process of law and to otherwise secure the ends of justice, the petitioners seek indulgence of this Court to invoke its inherent jurisdiction under the provisions of Section 561-A Cr.P.C and quash the FIR impugned. |
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