Supreme Court · 2004 INSC 418 · Decided 4 August 2004
DR. Suresh Gupta v. GOVT. of N.C.T. of Delhi and ANR.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 418 · [2004] SUPP. 3 S.C.R. 323
- Case number
- CRIMINAL APPEAL No. 778/2004
- Decided
- 4 August 2004
- Bench
- Y.K. SABHARWAL, D.M. DHARMADHIKARI (2-judge bench)
- Outcome
- Leave Granted & Allowed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 482
Headnote
B Code of Criminal Procedure, 19 7 3 : Section 482-lnherent power of High Court-Criminal proceedings­ Quashing of-Tests to be applied-Held : The test is that taking the C allegations and the complaint as they are, without adding or subtracting anything, if no offence is made out, the High !PC quashed. Penal Code, 1860 : D Section 304-A-Medical negligence-Causing death_:Liability of doctors-Held : Where a patient dies due to the negligent medical treatment of the doctor, the doctor can be made liable in civil law for paying compensation and damages in tort and at the same time, if
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