Santosh challenged proceedings regarding his brother's death due to unqualified doctor treatment. The court found the petitioner continuously followed trial stages and filed the petition to stall. It refrained from entertaining the petition and rejected it, vacating the interim stay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRI. APPELLATE JURISDICTION
WRIT PETITION NO.2124 OF 2007
Santosh S/o Dube ..Petitioner
Vs.
State of Maharashtra
& Ors. ..Respondents
Mr.A.M.Saraogi Advocate for Petitioner
Mr.M.S.Mohite with Rahul Arota Advocate for
Respondent No.2
Smt.P.H.Kantharia APP for State
CORAM: S.B.MHASE &
SMT.V.K.TAHILRAMANI,JJ.
DATE : FEBRUARY 29, 2008
P.C.
1. Heard Mr.Saraogi, the learned advocate for the
Petitioner.
2. The grievance of the Petitioner is that his
brother succumbed to death because of the treatment
given by Doctor who was not qualified. The post
mortem was carried out by one Dr.Ruia. However, the
post mortem notes have been signed by Dr.Dere and
therefore, he says that Dr.Ruia should have been
cited as a witness. Since the Petitioner is
complainant and informant, all these aspects can be
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brought to the notice of the Sessions Court if
desired.
3. What we find is that the sessions trial is over
except one witness and the Petitioner has
continuously followed the proceedings at every
stage. He has approached to the authorities and
have tried to obtain information which shows that
the Petitioner was knowing every aspect of the
matter. He has filed the belated petition in order
to stall the Sessions trial.
4. We therefore, refrain to entertain the petition.
Petition is rejected. Interim stay granted by this
Court stands vacated.
[SMT.V.K.TAHILRAMANI,J.] [ S.B.MHASE, J.]
1 issue framed by the court
Whether a petition filed by a complainant-informant to halt sessions trial regarding doctor's negligence can be entertained when procedure was followed.
Santosh S/o Dube
State of Maharashtra
Others
S.B.MHASE
SMT.V.K.TAHILRAMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court