Disposed

Smt. Pramila Devi W/O. Shri Prahlad Kumar Meena v. State of Rajasthan through Home Secretary

Rajasthan HC19 Nov 2018WMAP/356/2018

Case brief

AI extract

What is this about?

Application filed by the brother of a patient currently in Felix Hospital, Noida, seeking his shift to Ajmer and production of medical reports. The Court did not grant the prayer to shift, leaving it open for family members to attend the patient at the current hospital. The application was disposed of.

What did the court decide?

Prayer to shift the patient to Ajmer and submit medical report was not granted. Family members allowed to attend the patient at the current hospital. Application disposed of.

Smt. Pramila Devi W/O. Shri Prahlad Kumar Meena Vs State of Rajasthan through Home Secretary — Rajasthan HC (2018) — LawSathi Research

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Writ Miscellaneous Application No. 356/2018

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D.B. Habeas Corpus Petition No.237/2017

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Smt. Pramila Devi W/o. Shri Prahlad Kumar Meena, Aged About 40 Years, Resident Of Quarter No. 181, Type-One, Gc-1, CRPF, Ajmer (Raj.).

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----Petitioner

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Versus

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State of Rajasthan Through Home Secretary, Govt. Secretariat, Jaipur (Raj.)

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Superintendent Of Police, Ajmer.

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Sho, Police Station, Ramganj, District Ajmer.

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Respondents

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Virendra Meena S/o. Shri Babulal Meena, Aged About 30 Years, By Caste Meena, Resident Of H. No. 481, Behind All Saint School, Police Station, Ramganj, District Ajmer (Raj.)

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----Applicant-Respondent

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For Petitioner(s) : Ms. Shikha Parnami For Respondent(s) : Ms. Manjeet Kaur Shri Rahul Agarwal

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HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Judgment

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19/11/2018

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This application has been filed by respondent no.4-Shri Virendra Meena, brother of the patient Prahlad Kumar Meena contending that there is a dispute between brother and mother of Prahlad Kumar Meena on one hand and wife Smt. Pramila Devi on the other hand as to who should claim custody of Prahlad Kumar

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(2 of 4)

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[WMAP-356/2018]

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Meena, who under the order of this Court dated 28.2.2018 was shifted to the composite Hospital of CRPF at Ajmer.

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It is contended in the application by brother of Prahlad Kumar Meena that Prahlad Kumar Meena was shifted at composite Hospital, C.R.P.F. Ajmer on 12.3.2018 and thereafter he was shifted to Felix Hospital, Delhi by the C.R.P.F. authorities on 28^th March, 2018. The authorities have however not provided any medical report to the family members of the patient, nor are taking due care of him. While the wife of patient visits the hospital seldom, his brother (applicant) has been attending him regularly, but his health is continuously deteriorating. It is submitted that there was no direction of this Court to shift him from Ajmer to Delhi. Similar facilities are available in the hospital at Ajmer. The prayer is therefore made that the respondent no.5 be required to submit the present medical report of Prahlad Kumar Meena and to shift him to any hospital at Ajmer.

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The report has been submitted by Deputy Inspector General of Police, G.C.-I, CRPF, Ajmer according to which Prahlad Meena was admitted in Felix hospital, Noida (UP) at CH on 31st March, 2018 due to RTA with head injury and further referred to Felix Hospital Noida (UP) for further management. He was still under treatment at above hospital and admitted in semi private Ward and is bed ridden. According to treating doctor, patient is a traumatic brain damage case, hence prognosis is very poor. Patient is on supportive and symptomatic treatment on ryles tube. Physiotherapy nursing care and nutritive care of the patient being done.

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(3 of 4)

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[WMAP-356/2018]

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Shri Rahul Agarwal, learned counsel for respondent-wife submits that the allegation that Smt. Pramila Devi, the wife of Prahlad Kumar Meena is not attending him is not correct. In fact, she is continuously attending her husband in the hospital and is also taking care of their 10 years old son at Ajmer.

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Learned counsel appearing for the respondent-CRPF has today again produced a report, which indicates the position of Prahlad Kumar Meena to be as under:

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“Patient presently conscious but disoriented with GCS E3V1M3, vitals are stable, showing desired improvement in his higher functions and motor movements, instead his low GCS, has improved marginally, the Patient continues to be bed ridden, on Folleys catheter and RT feed with no active bed stores. Patient is having on an off episodes of fever, constipation, chest congestions on/off, lower Urinary tract symptoms as the patient continues to be bed ridden and on folleys, relevant culture sensitive antibiotics and antipyretic, whole body Physiotherapy and RT feed 400 ml/2 hourly and all other supportive treatment is being continued vigorously, so that patient gets maximum benefit and fast recovery.”

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In the circumstances, considering that Prahlad Kumar Meena still requires further treatment, it is for the medical experts to determine whether he is in fit condition to be shifted to any hospital at Ajmer and whether the kind of treatment for which he was referred to Felix Hospital, Noida is available at Ajmer.

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This Court is therefore not inclined to grant the prayer that has been made in the application. However, as already ordered, it would be open to the wife, brother and mother of patient Prahlad

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(4 of 4)

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[WMAP-356/2018]

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Kumar Meena to attend him in the hospital where he is presently

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receiving treatment.

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The application is accordingly disposed of.

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(GOVERDHAN BARDHAR),J

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(MOHAMMAD RAFIQ),J

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RS/13

Smt. Pramila Devi W/O. Shri Prahlad Kumar Meena v. State of Rajasthan through Home Secretary

Case brief

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Smt. Pramila Devi W/O. Shri Prahlad Kumar Meena v. State of Rajasthan through Home Secretary

Case brief

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