In cases of alleged medical negligence, the necessity of obtaining an independent expert medical opinion before proceeding with criminal charges is paramount to avoid abuse of legal process.

JUDGMENT

1. The captioned petition is filed under Sec. 482 of Cr.P.C. by the doctors, who are arraigned as accused Nos.1 to 3, seeking quashing of the proceedings pending in C.C.No.1290/2016 for offences punishable under Ss. 338, 201, 420, 468, 471, 120(B) read with Sec. 34 of IPC.

2. The facts leading to the case are as under: The second respondent who is the de-facto complainant lodged a complaint with the Basavanagudi Police Station alleging that petitioners herein are guilty of medical negligence and a crime came to be registered in Cr.No.139/2014 for the aforesaid offences. Respondent No.2 alleged that petitioners and the management of Vivekananda Maternity Hospital, have not followed the standard protocol and the guidelines while treating Smt. Asma Kousar who was admitted on 30/10/2011 with a complaint of back ache and leaking per vaginum. Pursuant to the registration of the crime, the Investigating Officer has filed the charge sheet and the Court below has taken cognizance.

3. The learned counsel appearing for the petitioners-accused would vehemently argue and contend that even if material on record in the form of charge sheet is accepted in entirety, no case of negligence is made out. To further strengthen the case of the petitioners, the learned counsel on record has placed on record the order passed by the Medical Council of India (for short "MCI"), which is preceded by an expert's opinion. Referring to these documents, learned counsel for the petitioners would contend that except statement of interested witnesses, the charge sheet is not supported by any expert's opinion. To counter the charge sheet, the petitioners have placed on record the order passed by the Apex Body i.e. MCI wherein the MCI having taken congnizance of the expert's opinion has allowed the appeal and has confirmed only that portion of the order passed by the Karnataka Medical Council wherein the petitioners were warned. Referring to these significant details, he would point out that the charge sheet does not constitute any offence in the first place and further the charge sheet is not supported by any expert's opinion and therefore, if petitioners are prosecuted for the alleged offences, the same would amount to abuse of process and therefore, to meet the ends of justice, he would persuade this Court and contend that this is a fit case which would warrant interference at the hands of this Court under Sec. 482 of Cr.P.C.

4. The learned counsel appearing for de-facto complainant, repelling the arguments advanced by the learned counsel for the petitioners would however contend that since charge sheet is filed, an inference can be drawn that there is a prima-facie material to proceed against the petitioners and others. He would request this Court not to quash the proceedings at this juncture. He would further point out that all the grounds urged in the petition are to be tested by way of a full fledged trial. Therefore, since serious allegations are made against the petitioners, the case cannot be quashed at this juncture by having recourse to the petition under Sec. 482 of Cr.P.C.

5. Learned HCGP arguing in the same vein would also contend that all these contentions are very much available to the petitioners in the form of defence and therefore, these grounds cannot be tested at this juncture and proceedings cannot be quashed under Sec. 482 of Cr.P.C.

6. Heard the learned counsel for the petitioners, learned HCGP and learned counsel appearing for respondent No.2-complainant.

7. The entire edifice on which this crime is registered is that the petitioners are guilty of medical negligence. Respondent No.2-complainant who is the brother-in-law of one Athik Ahamed has lodged a complaint with the police alleging that the petitioners herein are guilty of medical negligence during the admission of patient Asma Kousar. However, on perusal of the charge sheet it is quite surprising to note that though Investigating Officer though has submitted a charge sheet,