part
of the oppose party no.2 while conducting cesarean section and during the
postoperative stage that led to blood loss and pelvic hematoma ... opposite partyno.1 hospital where she had undergone
cesarean section at 4.40 p.m. The opposite party no.1 has issued delivery
certificate dated
examination
revealed no injury. She had delivered 2 children, one by cesarean
section and another vaginally. He found no evidence of external injury
on labia
hospital. On the basis of said statement, FIR No.
208/14 under Sec. 323 / 452 / 313 / 34 IPC was registered at PS Khajuri Khas.
During investigation ... born before time approximate 34-36 weeks and by lower segment cesarean
section in view of transverse lie and placenta previa with continued bleeding
Court did not even examine the petitioner after
dismissal of application under section 156(3) Cr.P.C. It is stated
that impugned order ... normal delivery but the
patient did not progress; patient was advised cesarean section in
view of poor prognosis of labor pain, the necessity of cesarean
where, the respondent conducted 'C' Section
operation on Jamuben and a child was born through
cesarean. Respondent is said to have taken ... requirement of
Section 304A of the IPC. However, the word 'Gross'
have to be read in Section 304A of the IPC for
fixing
registered under Sections 376, 315, 316, 506 read with Section
34 of the Indian Penal Code and under Sections ... month. In such a case
pregnancy cannot be terminated without cesarean. On these
allegations he filed application for discharge.
5. Learned Trial Court after hearing
MEHTA
M.L. MEHTA, J.
1. This is a petition under Section 482 Cr.P.C. for quashing the Order dated
06.05.2010 passed ... said hospital on 22.05.1997 where she delivered a child
after a cesarean operation. It was stated by the complainant that his wife was
experiencing pain
applicants would fall under section 304A of the Indian
Penal Code or under section 304 of the Indian Penal Code and therefore,
this Court ... applicants at the most be prosecuted
under section 304A of the Indian Penal Code and not under section 304
of the Indian Penal Code. What
take
place naturally somewhere at around 9:45 p.m. a cesarean was
APL 561 of 2022.odt
4
performed by Dr. Kiran Kotak ... that was scheduled to depart in an hour and therefore had
performed cesarean in a hasty and rash manner, which reflected in
infliction of severe
lodge any FIR with Police. No communication was sent under
Section 154(3) Cr.P.C. to the Superintendent of Police. These
are the facts ... noticed that she had delivered a
healthy baby and post cesarean operation, she had developed
some complications whereafter she was referred to the Hospital
