[Criminal Appeal No. 396 of 2016 arising out of SLP [CRL.] No.3584 of 2011]. The appeal arises out of the order dated 21.1.2011 passed by the High Court of Chhatisgarh at Bilaspur, thereby affirming the order dated 29.6.2002 passed by the Sessions Judge and Judicial Magistrate First Class, Dharamjaigarh, rejecting the application filed by the accused appellant for discharge on the ground of requirement of sanction to prosecute under section 197(1) Cr.P.C. As per the prosecution case, the appellant was in-charge of Patthalgaon Hospital, District Raigad where on 1.1.1995 L.T.D. operation of Runiabai was conducted by Dr. A.M. Gupta. Thereafter she was sent home. As Runiabai vomited Dr. A.M. Gupta was approached. He sent one Aklu Ram to administer some treatment. However on 2.2.1995 she was brought to the Primary Health Centre, Patthalgaon where she was admitted and died at 2 p.m. Her post mortem was conducted.
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