Criminal Misc. No. M-7883 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-7883 of 2008 Date of Decision: 21.1.2009 Dr. Gurdeep Singh …Petitioner Versus State of Haryana and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Sudhir Sharma, Advocate for the petitioner. Mr. S.S. Mor, Senior Deputy Advocate General, Haryana, for respondent No.1. Mr. Sumeet Goel, Advocate for respondent No.2. Kanwaljit Singh Ahluwalia, J. (Oral) Counsel for the petitioner has relied upon Jacob Mathew v. State of Punjab and Another 2005(3) Recent Criminal Reports 836. In paras 51 to 55 of the said judgment, the Court has laid a test and guidelines to find whether a medical profession is to be prosecuted or not? or whether any medical negligence can be attributed to concerned Surgeon? It has been submitted by Mr. S.S. Mor, learned Senior Deputy Advocate, General, Haryana, that in the present case report under Section 173 Cr.P.C. has been submitted. Criminal Misc. No. M-7883 of 2008 2 Parties are relegated to the trial Court to urge at the time of framing of charge whether in consonance with the mandate of law laid in Jacob Mathew's case (supra), charge can be framed or not. Needless to say that in case the charge is framed, petitioner will be at liberty to avail his remedy to assail the charge before the revisional Court. Petitioner is stated to be a Doctor, therefore, taking into consideration the fact that he has to attend his patients, his personal appearance before the trial Court is exempted subject to filing an undertaking that he shall cause appearance as and when required and the evidence recorded in his absence but in the presence of his counsel shall be binding upon him. Trial Court may also specify any other condition in the undertaking to be furnished by the petitioner. On the furnishing of undertaking, the personal appearance of petitioner shall stand exempted. With the observations made above, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge January 21, 2009 “DK”