ORDER Leave granted. Heard learned counsel for the parties. 2. The appellant assails the correctness of an order dated 11th August, 2021 passed by the High Court of judicature at Madras in Crl.O.P. No. 25858 of 2016 and Crl.M.P. Nos. 12766 and 12767 of 2016 (miscellaneous petitions) filed under Section 482 CrPC for quashing the P.R.C. No. 20 of 2015 on the file of the Judicial Magistrate District Thiruvallur, State of Tamil Nadu registered under Section 304 Part I IPC. 3. The submission advanced by the learned counsel appearing for the appellant is that the appellant is a qualified medical practitioner and the offence alleged against him 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. The submission is that this allegation would not constitute an offence under Section 304 Part-I IPC (culpable homicide not amounting to murder) and at most, the same could be covered by Section 304 A, IPC (causing death due to negligence). 4. It is further submitted that as against the staff nurse who had administered the injection on the instructions of the appellant, the proceedings have already been quashed by the High Court relying upon a three-Judge Bench decision of this Court in Jacob Mathew Vs. State of Punjab and Another, (2005) 6 SCC 1 . He, therefore, submits that the chargesheet filed under Section 304 Part 1 IPC cannot be sustained and, at best, could be maintained under Section 304 A, IPC. 5. Considering the facts and circumstances of this case, we are of the view that 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. 6. We accordingly allow the appeal, quash the impugned order(s), direct the Trial Court to waive the accusation under 304 Part I IPC and to proceed after reading over accusation under Section 304-A, IPC. The Sessions Judge will transmit the record to the Competent Magistrate assigned to deal with such matters for proceeding further with the trial. 7. The appeals are disposed of accordingly. 8. Pending application(s), if any, shall stand disposed of.