HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6684 of 2011 ORDER: This Criminal Petition is filed by the petitioner-accused, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against him in F.I.R. No.238 of 2010 on the file of Miryalaguda I Town P.S., Nalgonda District, registered for the offence under Section 304-A IPC. Heard both sides. It is mainly contended by the learned counsel for the petitioner that the petitioner is not responsible for the death of the boy and that it is well settled principle of law that for registering a criminal case against a Medical Practitioner, there shall be proximity with the treatment and the cause of the death and the Apex Court also issued various guidelines on this aspect and without following such guidelines, the police registered the case against the petitioner. Admittedly, the matter is still at the stage of investigation. The offence alleged against the petitioner is punishable under Section 304- A IPC. Further, a perusal of the record discloses that the petitioner also lodged a complaint with Miryalaguda I Town P.S., Nalgonda District, against the 2nd respondent-defacto complainant herein and the same was registered as F.I.R.No.237 of 2010 for the offences under Sections 143, 448, 427, 341 and 323 IPC. Hence, this Court is of the view that this matter has to be investigated by the police and thereby this Court is not inclined to quash the crime. Accordingly, the Criminal Petition is dismissed and the Miscellaneous Petitions, if any, filed shall stand closed. However, taking into consideration that the offence is bailable offence, the respondent police are hereby directed to investigate the case, without making arrest of the petitioner, as per the guidelines envisaged by the Apex Court in Jacob Mathew Vs. State of Punjab[1]. _____________ RAJA ELANGO, J 5th August, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.6684 of 2011 (Dismissed) 5th August, 2011 cbs [1] AIR 2005 SC 3180 (1)