C482 No. 604 of 2011 with CRMA No. 753 of 2011 Hon'ble Prafulla C. Pant, J. Smt Pushpa Joshi, Advocate, present for the petitioner. Shri T.C.Aggarwal, A.G.A, present for the State. Shri Pradeep Hairiya, Advocate, present for respondent no.2. Heard. By means of this petition moved under section 482 of Code of Criminal Procedure,1973, the petitioner has sought quashing of the proceedings of Criminal Case No. 64 of 2011, State vs Dr. Usha Chauhan and another relating to offence punishable under section 304A I.P.C, P.S Mallital, Nainital, pending in the court of Chief Judicial Magistrate, Nainital. Learned counsel for the petitioner submitted that the petitioner was a Nurse in the Nursing Home where the patient had died. It is further pleaded that when the medical officer who was attending the patient was there, the staff nurse has no criminal liability. This point can be raised by the petitioner before the trial court at the time of framing of the charge. With this observation, without expressing any opinion as to final merits of the case, the petition under section 482 of Cr.P.C is dismissed summarily. (P.C.Pant, J.) 13.07-2011 NP