Supreme Court · 2013 INSC 614 · Decided 13 September 2013
A.S.V. Narayanan Rao v. Ratnamala & Another
- Court
- Supreme Court of India
- Citation
- 2013 INSC 614 · [2013] 10 S.C.R. 117
- Case number
- CRIMINAL APPEAL No. 1433/2013
- Decided
- 13 September 2013
- Bench
- H.L. GOKHALE, JASTI CHELAMESWAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304A; CrPC
Headnote
A 8 Code of Criminal Procedure, 1973 - s . . 482 - Criminal proceedings u/s. 304A /PC for medical negligence - Quashing of - Denied by courts below - Held: The C proceedings are liable to be quashed - Though doctors are not immune from criminal proceedings for their professional negligence, but in required to be protected from frivolous and unjust prosecution - In the facts of the case, case u/s. 304A not made out against the D accused doctor - Penal Code, 1860 - s. 304A. Criminal proceedings were initiated against the appellant (a medical practitioner) uls. 304A IPC at the behest of
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