High Court allowed an application to quash a criminal chargesheet under Section 304 IPC filed against a doctor. Based on a Medical Board opinion finding death due to heart attack and no medical negligence, the court held relief was due.
Criminal Application allowed; chargesheet filed under C.R. No. 191/2015 quashed.
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.
Cri. Appln. No. 1047/16
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IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1047 OF 2016
Dr. Naresh Vasantrao Gavande Age: 38 yrs, Occu: Medical Practitioner, R/o. Gadgebaba Nagar, Bhadgaon Road, Pachora, Dist. Jalgaon.
...Applicant.
Versus
Mr. S.S. Jadhav, Advocate for Applicant. Mr. P.S. Shendurnikar, Advocate for Respondent No.1. Mrs. P.V. Diggikar, APP for Respondent 2/State.
CORAM :T.V. NALAWADE AND SMT. VIBHA KANKANWADI, JJ. DATED : 29/10/2018.
JUDGMENT : [PER T.V. NALAWADE, J.]
Cri. Appln. No. 1047/16
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given by respondent Meerabai Patil. Deceased Dattu Patil was her husband. He was admitted in the hospital of applicant on 9.8.2018 as he was suffering from cold and fever. He was discharged from hospital on 13.8.2014. It is the contention of complainant that on the night of discharge, her husband was not feeling well and so, he was again taken to hospital of applicant and he was admitted in the hospital. It is contended that he was admitted at mid night hours and she had asked the applicant as to whether it was necessary to shift her husband to other hospital and upon that, applicant had informed that there was no such necessity. It is contended that her husband died in the hospital of applicant on that night at 4.30 a.m. Post mortem was conducted on the dead body. It is her contention that her husband was not suffering from any serious ailment and he died only due to the negligence of applicant, who is the owner of the hospital and who was responsible for giving the treatment. The report was given to police station on 4.11.2015.
Cri. Appln. No. 1047/16
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But after 4.10 a.m. the condition deteriorated.
be granted to the applicant. In the result, the application is allowed. Relief is granted in terms of prayer clause 'B'. Rule is made absolute in those terms.
[SMT. VIBHA KANKANWADI, J.] [T.V. NALAWADE, J.]
ssc/
2 issues framed by the court
Whether the criminal chargesheet against the medical practitioner for causing death by negligence should be quashed.
Whether the Medical Board's opinion finding no negligence warrants the quashing of the criminal proceedings.
1 provisions across 1 enactments
Dr. Naresh Vasantrao Gavande
Meerabai Datta Patil
The State of Maharashtra
T.V. Nalawade
Vibha Kankanwadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
