THE HON’BLE SRI JUSTICE R.KANTHA RAO CRL. PETITION No. 3717 of 2009. ORDER: This criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in Cr.No. 186 of 2009 of P.S. Gopalapuram, Hyderabad. I have heard the learned Counsel for the petitioners and the learned Additional Public Prosecutor representing the State. Brief facts giving rise to filing of this criminal petition are that the 1st respondent herein is the Senior E.D.P. Manager of the South Central Railways, Secunderabad lodged a report against Dr. R..Narasimha Rao and Dr.T.Anjaiah before the police, Lallaguda on 5.10.2005 alleging that due to their medical negligence his daughter Ms.Manasa died in Railway Hospital and basing on the report, a case in Cr.No. 171 of 2005 under Section 304-A IPC was registered against the said doctors and an Expert Committee was appointed by the Director of Medical Education, Government of A.P., which submitted its final report on 25.5.2006 holding that there was no negligence on the part of the doctors who treated Ms.Manasa. Basing on the Expert Committee report, the police filed final report in the above crime. Aggrieved by the final report, the 1st respondent filed a protest petition in the above crime before the X Additional Chief Metropolitan Magistrate, Secunderabad on 30.8.2006 and the learned Magistrate after recording the statement of the 1st respondent and after perusing the material produced by him, took the case on file against the said doctors for the offence under Section 304-A IPC and numbered the case as C.C.No. 810 of 207 and issued summons to them, by the order dt. 30.8.2006. After receipt of summons, the two Railway doctors who are the accused in the above case submitted a representation to the Chief Medical Director, South Central Railways seeking legal assistance for defending their case and that in terms of Rule 702 (5) of the Indian Railways Establishment Code, the authorities recommended for legal assistance. Thereafter, the 1st respondent filed a private complaint against the petitioners who are providing assistance to the accused (two doctors) in the criminal case, for the offences under Sections 177, 212, 504, 506 r/w 120-B IPC and under Section 13(1)(b) Unlawful (Prevention) Act 1967 and under Section 3 (ix) of SC/ST (POA) Act alleging that providing legal assistance to the accused in Cr.No. 171 of 2005 attract the provisions of the above offences, before the X Additional Chief Metropolitan Magistrate, Secunderabad who referred the complaint to the police, Gopalapuram and that after receipt of the complaint petition from the Court, the police Gopalapuram registered a case in Cr.No.186 of 2009 against the petitioners for the above said offences. I have examined the entire allegations made in the complaint petition. According to the 1st respondent (Complainant), these three petitioners have nothing to do with the death of his daughter allegedly due to medical negligence and that they are implicated in the criminal case only on the ground that they recommended legal assistance to the doctors who are accused in Cr.No. 171 of 2005. There is absolutely nothing in the complaint petition attracting any of the ingredients of the alleged offences. Filing a criminal case against the petitioners who are the Railway Authorities is nothing but abuse of process of law. If this nature of cases are allowed to be investigated by the police, it will result in miscarriage of justice and would cause undue hardship to the petitioners. Hence, the proceedings in Cr.No. 186 of 2009 of Gopalapuram Police Station, Hyderabad are hereby quashed. The criminal petition is allowed. _________________________ R.KANTHA RAO, J 9.12.2010. KRB. THE HON’BLE SRI JUSTICE R.KANTHA RAO CRL. PETITION No. 3717 of 2009. ORDER: Dt. 9.12.2010.