IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 17175-M of 1999 Date of decision: 29th May, 2008 Jagdish Rai … Petitioner Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. K.K.Goyal, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition was filed under Section 482 Cr.P.C. seeking registration of FIR on the basis of complaint (Annexure P-1) and DDR (Annexure P-2). Present petition was filed on 4th June, 1999. Mr. Mehardeep Singh, Assistant Advocate General Punjab contends that the allegations of petitioner were enquired into and on the basis of medical opinion (Annexure R-1), no offence is made out as Anju Rani had died in Civil Hospital Mansa after delivery operation and therefore, no negligence is made out. It has been recently held by Hon'ble Apex Court in Skiri Vasu v. State of U.P. 2008 (1) RCR (Criminal ) 392, that this Court cannot issue any direction under Section 482 Cr.P.C. as prayed by the petitioner. However, petitioner can, if so advised, take recourse to the alternative CRM No. 17175-M of 1999 remedy available to him under the law. Furthermore, in case of Jacob Mathew v. State of Punjab, 2005(3) RCR (Criminal) 837 it has been held that before proceeding against any doctor, sufficient safeguards are to be ensured. The present petition is disposed off with liberty to the petitioner to take recourse to alternative remedy available to him under law. [KANWALJIT SINGH AHLUWALIA] JUDGE May 29, 2008 rps Refer to Reporter Yes 2