Supreme Court of India

Mahadev Prasad Kaushik v. State of U.P. & Anr.

Neutral citation
Reported as [2008] 14 S.C.R. 660
Bench C.K. Thakker and D.K. Jain JJ.
Decided 17 October 2008

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

For the foregoing reasons, in our judgment, the ap­ peal deserves to be partly allowed.

Judgment, page 19

From the 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to patient and within half an hour he died - Threat by accused-medical prac­ titioner to kill complainant if case not withdrawn - Summons issued u/ss.304, 504 and 506 by Magistrate - Upheld by High Court - Interference with - Held: Proceedings u/ss. 504 and 506 liable to be quashed as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

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