Penal Code, 1860–Sec. 304 A–Cognizance for the offence–Justification–Allegation of causing death by giving excess anesthesia–Post mortem was not conducted–Record of admission in hospital was not produced–Delay of 2 months and 25 days in lodging complaint–No medical opinion that the death was caused because of excess dosage of anesthesia–Prosecution sanction was declined to be granted–Petitioner has already been exonerated in departmental inquiry–Held, order of taking cognizance is liable to be quashed.


