Disposed¶27

Basanti Bahera v. State of Odisha

Orissa HC12 Feb 2025WP(C)/4474/2025

Case brief

AI extract

What is this about?

PIL writ petition W.P.(C) No.4474 of 2025, High Court of Orissa, order dated 12.02.2025; Arindam Sinha, Acting Chief Justice and M.S. Sahoo, Judge; petitioner Basanti Behera; brother discharged by SCBMCH after burn injuries from illegal gas cylinder refilling; discharge certificate dated 05.02.2025; conditional readmission direction upon certified deterioration with website copy of order; FIR not registered, remedy against police inaction before assigned Bench; petition disposed of.

What did the court decide?

Writ petition disposed of with conditional liberty: petitioner may seek her brother's readmission to the hospital upon deterioration certified by a registered medical practitioner, producing the website copy of the order; FIR grievance left to the assigned Bench. ¶27

Basanti Bahera Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Court should interfere with the discharge of the petitioner's brother by the medical college hospital so that his treatment in the hospital can be continued. +1 more

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Court's answer

If, in spite of compliance with the discharge advice, the condition of the victim deteriorates, the petitioner may take him to the hospital and produce the website copy of this order for readmission.

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Ratio / Principle

The deterioration must be certified by a registered medical practitioner, to be produced on the request made for readmission.

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Key takeaways

On the grievance of non-registration of FIR, the petitioner may find remedy against police inaction before the assigned Bench.obiter¶26

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (W.P.(C) No.4474 of 2025, PIL), Coram: Arindam Sinha, Acting Chief Justice and M.S. Sahoo, Judge; order dated 12.02.2025. Petitioner, through Mr. A.K. Mishra, Advocate, challenged the discharge of her brother from SCB Medical College Hospital (SCBMCH); he had suffered burn injuries in an illegal gas-cylinder refilling activity and was admitted on 01.02.2025 and discharged on 05.02.2025 as vitally stable, with advice of alternate day dressing and high protein diet (Annexure-2). The Bench, Mr. S.K. Swain, AGA appearing for the State, disposed of the petition permitting the petitioner to take her brother back to the hospital for readmission if his condition deteriorated despite compliance with the discharge advice, on production of the website copy of the order, such deterioration to be certified by a registered medical practitioner. The grievance of non-registration of FIR was left to be pursued before the assigned Bench.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.4474 of 2025 (PIL)

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Basanti Behera …. Petitioner

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Represented By Adv. – Mr. A.K. Mishra, Advocate

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-versus-

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State of Odisha and others

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…. Opposite Parties

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Represented By Adv. – Mr. S.K. Swain, AGA

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CORAM:

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THE HON'BLE MR. JUSTICE ARINDAM SINHA, THE ACTING CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE M.S. SAHOO

ORDER

12.02.2025

Order No.

01.

Mr. Mishra, learned advocate appears on behalf of petitioner

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and submits, her brother received burn injuries as a result of illegal

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activity in refilling gas cylinder. At present her grievance is on the hospital having discharged her brother. His treatment in the hospital needs to be continued. His client seeks interference of Court.

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Mr. Swain, learned advocate, Additional Government

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Advocate appears on behalf of State.

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Page 1 of 2

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// 2 //

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Annexure-2 is discharge certificate granted by the medical college hospital (SCBMCH). The certificate is dated 5^th February, 2025. It appears from it, the patient was admitted on 1^st February, 2025. Condition of discharge is stated as, vitally stable. There is advice given, of alternate day dressing and high protein diet.

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We are on 12^th February, 2025. In event inspite of the advice complied with condition of the victim deteriorates, petitioner will take him to the hospital and produce website copy of this order for readmission. It is made clear, the deterioration must be certified by a registered medical practitioner, to be produced on the request made for readmission.

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