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Head Note

The Code of Criminal Procedure, 1973  - Section 197 , Indian Penal Code,1860  - Section 304-A

Prosecution Sanction - Medical negligence by Public servant - Sanction for prosecution - Appellants who were the Medical Officers in the Government Hospital were discharging their public duties, as they were performing surgery on the patient in the Government hospital - Criminal prosecution of the appellants initiated by the respondent (complainant) is not maintainable without the sanction from the State Government - Impugned order passed by the High Court dismissing the criminal revision, and the one passed by the Magistrate on 16.3.2024 rejecting the application under Section 197 Cr.P.C., of the appellant are set aside. The application under Section 197 Cr.P.C., moved by the appellants before the trial court, stands allowed.

Topic(s)-Prosecution Sanction - Medical Negligence by Public Servant