THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION No.7535 of 2007 Date of Order:22.01.2011 Between: K.Kamala and another ..Petitioners and Bokka Ramachandra Reddy and another ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION No.7535 of 2007 ORDER :- This petition under Section 482 Cr.P.C. to quash the proceedings initiated against the petitioners/A2 and A3 in C.C.No.746 of 2005 for the offences punishable under section 304A IPC on the file of I Additional Judicial First Class Magistrate, Khammam. Facts, which are not in dispute are, that the deceased Bokka Vijaya, daughter of respondent No.1-complainant was admitted in the Susmitha Nursing Home, Khammam for stomach pain, which is run by petitioner No.1 – A2. A2 advised L.Ws.2 and 3 to scan the patient. After careful examination of the scanning report, A3 instructed L.Ws.2 and 3 that the patient was suffering with appendicitis and requires urgent operation and further informed that Dr.Soumithri Raju-A1,Anesthist and A3 Vijay Kumar will attend the operation. L.W.2 passed the said message to the de facto complainant. After conducting all the tests for the patient, A1 and A3 performed the operation for appendicitis by administering anesthecia. During the course of operation due to the excess quantities of anesticia the patient went into coma. Immediately, A2 shifted the deceased to the Osmania hospital with her own expenses. Later the relatives of the patient got admitted her in NIMS Hospital, where the doctors informed that there is no hope for the patient to regain consciousness and there is no use in spending money on the patient as there are no chances of alive or regaining consciousness. The patient died on 05.06.1999, which clearly discloses negligence on the part of A1 and A3, who performed the operation. Therefore, it is not a fit case to quash the proceedings against petitioner No.2-A3. Since petitioner No.1-A2 is not in any way involved in conducting the operation, except running the hospital, the proceedings initiated against her for the offence punishable under Section 304 A IPC in the absence of any allegation, is nothing but an abuse of process. Therefore, the proceedings against petitioner No.1/A2 are liable to be quashed. The Criminal Petition is allowed in part, quashing the proceedings against petitioner No.1-A2 and dismissing the petition as against petitioner No.2-A3. _________________ A.GOPAL REDDY, J January 20, 2011 Lmv