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2014 Supreme(AP) 663

S.RAVI KUMAR
P. Malathi – Appellant
Versus
States of Telangana and Andhra Pradesh, represented by its Public Prosecutor, High Court of Judicature at Hyderabad – Respondent


Advocates:
Advocate appeared:
For the petitioner: Sri R.N. Hemendranath Reddy
For the respondents: Public Prosecutor, Sri N.Naveen Kumar

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The court emphasized that mere negligence is insufficient to establish criminal liability; instead, gross negligence and high recklessness on the part of the doctors are required to attract criminal charges (!) .

  2. The absence of material evidence showing gross negligence or recklessness leads to the conclusion that the ingredients necessary for criminal liability under the relevant section are not satisfied (!) .

  3. The medical opinions and findings of professional bodies, such as the Medical Council of Andhra Pradesh and the Medical Council of India, concluded that there was no negligence on the part of the petitioners, and the death was due to a rare complication, which further supports the decision to quash the proceedings (!) .

  4. The lack of a post-mortem examination limits the ability to definitively determine the cause of death, and the opinions expressed are based solely on the case sheet, which diminishes the strength of the allegations (!) .

  5. The court found that the allegations of falsifying hospital records or screening offences lack supporting material, and suspicion or strong allegations alone do not justify criminal proceedings without substantive evidence (!) .

  6. The proceedings were deemed an abuse of process, as there was no evidence of gross negligence or recklessness, and continuing the criminal trial would be unjust and a waste of judicial resources (!) .

  7. The exercise of inherent jurisdiction under the relevant legal provision is justified to prevent abuse of process and to secure the ends of justice, especially when the material relied upon by the petitioners is sound, reasonable, and would rule out the assertions in the complaint (!) .

  8. The court noted that the remedy available through statutory revision or appeal processes should be pursued, but in cases where no such remedy effectively addresses the issues, the inherent powers can be invoked to quash proceedings (!) (!) .

  9. The court clarified that the standard of proof in criminal cases is higher than in civil cases, and evidence of negligence that suffices in civil liability may not be enough for criminal conviction, particularly when the negligence is not gross or reckless (!) (!) .

  10. The final decision was to allow the criminal petitions and quash the proceedings against the petitioners, as there was no material to establish gross negligence or recklessness, and continuing the proceedings would constitute an abuse of process and cause unnecessary hardship (!) .

These points collectively highlight the importance of establishing gross negligence or recklessness for criminal liability in medical cases and underscore the role of professional and judicial assessments in determining the legitimacy of criminal proceedings against medical practitioners.


ORDER :

These two Criminal Petitions are filed by two accused i.e., A.1 an A.3 in C.C.No.171 of 2014 on the file of Chief Metropolitan Magistrate, City Criminal Courts, Nampally to quash the proceedings against them.

Heard both sides.

Advocate for A.1 submitted that A.1 has not committed any offence and she is falsely implicated for obvious and oblique reasons and that there is no negligence on her part in treating the deceased i.e., daughter of second respondent. He further submitted that second respondent along with his wife and husband of the deceased filed Consumer Dispute No.40 of 2003 before A.P. State Consumer Dispute Redressal Commission, Hyderabad against the first accused and other accused by making the same allegation of medical negligence that were mentioned in the complaint and claimed compensation of Rs.One Crore with interest at 24% p.a., and the same was opposed and defended by the petitioners and other accused and the Honourable State Commission by an order dated 29-8-2008 dismissed the said application holding that there is no negligence on the part of the petitioners herein and questioning the said order, the complainant and others have filed appeal before the Nati



























































































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