Dr. Mohan vs State Of Tamil Nadu - S 304 IPC - Medical Negligence

Indian Penal Code 1860 - Section 304 Part 1 -Offence alleged against the accused - medical practitioner is of conveying/ instructing a staff nurse to administer an injection over telephone which injection when administered to the patient, apparently reacted, resulting into his death - HC refused to quash proceedings but the criminal proceedings against nurse was quashed - Allowing appeal, SC observed: The registration of the FIR under Section 304 Part I IPC and the subsequent submission of police report under Section 173 (2) CrPC also under Section 304 Part I IPC cannot be sustained- Trial Court directed to waive the accusation under 304 Part I IPC and to proceed after reading over accusation under Section 304-A, IPC.