HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.2162 of 2008 ORDER: This Criminal Petition is filed by the Petitioner/A.3 under Section 482 Cr.P.C., seeking to quash proceedings in S.C.No.100 of 2005 on the file of the Court of Additional District & Sessions Judge, Hindupur, registered for offences punishable under Section 304-II IPC against the petitioner(A.3) and other accused (A.1,A.2 and A.4 to A.8). 2. The Petitioner is A.3 and the Respondent No.2 is the De-facto Complainant in the Sessions Case. 3. For the sake of convenience, I refer the parties as arrayed in the Calendar Case. 4. The prosecution case is as follows:- A.1 has been working as Medical Superintendent, A.2 has been working as Medical Officer, A.3, A.4 and A.7 have been working as Staff Nurses and A.5 and A.8 have been working as A.N.M., in the Government Hospital, Hindupur. On 28.04.2004 at about 10.00 a.m., one Asma Bhanu(late) (for short the deceased), wife of Fayaz i.e., the de-facto complainant was admitted into the hospital for delivery. Later A.1 checked the deceased and gave an injection and informed that the delivery of the deceased would take place in the after-noon of the same day and went away from there whereas A.3 to A.5 were on duty as Nurses in the labour ward of the hospital. Then A.3 wrote a prescription and asked the de-facto complainant and two others to get injections and accordingly the injections were brought. Then A.3 gave an intimation to the deceased. A.1 injected the deceased and asked them to intimate as and when the deceased would get delivery pains. At about 02.00 p.m., A.3 to A.5 got down from their duties and in their place A.6 to A.8 joined their duties. Then the de-facto complainant and two others showed the injections earlier brought and then A.6 to A.8 issued another prescription chit to the de-facto complainant and two other persons to get injections. Further at about 03.00 p.m., the deceased got delivery pains. But then A.1 and A.2 were not available and then A.6 to A.8 did not pay any attention and they also did not attend the patient immediately nor they informed A.1 and A.2 about the same. Finally at about 05.00 p.m., A.6 to A.8 had taken the deceased to delivery room. Then the deceased gave birth to a dead child and suffered from excessive bleeding condition which was very serious. Then A.6 to A.8 informed A.2 about it and then A.2 checked the deceased and then asked her relatives to get her group blood even without intimating the blood group of the deceased, as a result of which her relatives became panic. Further A.2 being an expert Gynecologist did not take any steps to survive the deceased. Further at about 06.30 p.m., A.2 declared that the deceased died. It is also alleged that A.1 to A.8 who were experts on the medical side did not take necessary care to save the deceased. 5. It is the contention of learned counsel for the petitioner/A.3 that there are no specific allegations against A.3 about her involvement in the alleged crime and hence she is entitled to be discharged from the case. 6. It is to be considered as to whether there are good circumstances to quash the proceedings so far as the petitioner/A.3 is concerned. The only allegation against the petitioner/A.3 is that she wrote a prescription and gave it to the de-facto complainant and two others to get injections and accordingly the latter got injections and out of three injections A.3 gave one injection to the deceased and further whereas it is alleged that at about 02.00 p.m., A.3 to A.5 left their duties and then A.6 to A.8 came in their place and the de-facto complainant and other two persons showed the injections earlier brought to A.6 to A.8 who therefore issued another prescription chit and so on. There is no specific allegation against A.3 which is sufficient to incriminate her in the case. 7. Hence, I am of the opinion that it is a fit case where the proceedings in the Sessions Case insofar as the petitioner/A.3 is concerned can be quashed. 8. In the result, the Criminal petition is allowed. ___________________________ G. KRISHNA MOHAN REDDY, J Dated: 12-08-2011. Vjl