Supreme Court · 2008 INSC 1172 · Decided 17 October 2008
Mahadev Prasad Kaushik v. State of U.P. & ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1172 · [2008] 14 S.C.R. 660
- Case number
- CRIMINAL APPEAL No. 1625/2008
- Decided
- 17 October 2008
- Bench
- C.K. THAKKER, D.K. JAIN (2-judge bench)
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304A, 304, 504, 506, 299, 300
Headnote
Penal Code, 1860: ss. 304A, 304, 504 and 506 - Medical negligence - Com- e plaint that medical practitioner gave injections to patient and within half an hour he died - Threat by accused-medical prac­ titioner to kill complainant if case not withdrawn - Summons issued u/ss.304, 504 and 506 by Court - Interference with - Held: Proceedings u/ss. 504 and D 506 liable to be quashed as there was no reference to any threat by accused to complainant in the Order by Magistrate as a/so by High Court - Act of accused of giving injections to "-,-r deceased would not fall within mischief of
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