JUDGMENT:- Heard Shri. V . J. Dixit, learned Senior Counsel holding for Shri. S. Y. Mahajan, learned counsel for the appellants. Shri. V. H. Dighe, learned APP for the State and Shri. S. 1. Salunke. learned counsel holding for Shri. V. D. Salunke, learned counsel for respondent no.2.

2. Petition was taken up for admission on 28-4-2009. After hearing the arguments for some time, it was agreed by the parties that the petition can he disposed of at admission stage. As such, the matter came to be posted to 15-6-2009. Today the petition is taken up for final hearing. Rule. Rule made returnable forthwith. With the consent of the parties the matter is taken up for final disposal at admission stage.

3. Petitioner no.1 is a Medical Practitioner and is a director of Sai Hospital and Critical Care Unit situate in Samarth Nagar, Aurangabad. He holds post graduate degree in medicine and is also an intensivist. Other petitioners are the employees of the Sai Hospital. Petition is presented seeking relief in respect of quashment of the criminal proceeding initiated against the petitioner on registration of Crime No.555/2008 at Kranti Chowk Police Station. Aurangabad for offences punishable under section 304-A. r/w section 34 of the Indian Penal Code. It is alleged in the First Information Report that patient by name Shweta Wamanrao Deshmukh was referred to the hospital for treatment by one Dr. Shahpurkar who had diagnosed her as suffering from fa1cipamm malatia. Dr. Shahpurkar is also a post graduate degree holder in medicine. On pathological examination, he has reached the diagnosis that the patient is suffering from falciparum malaria. On admission of the patient, it is contended that she was prescribed medicine quinine tablet. However, she refused to take the drug. As such, it was noted on the case paper accordingly. It transpires that during the night time, quinine was injected to her. However, she developed symptom of Cardiac Toxicity. She was moved to Intensive Care Unit. However, she expired at 1.45 hours.

4. Complainant is the brother of the deceased who has alleged that deceased was sensitive to anti-malarial drug i.e. quinine and had refused to take the tablet. Doctors have exhibited callousness and negligence in administering quinine through intra venous mode. According to the informant, the drug quinine was administered to the patient by the nurse through intra venous mode. Doctor was not present when the drug was administered. After the death of patient, the doctors advised against conducting post mortem examination. As such, no post-mortem examination was conducted. It is alleged that death of the patient IS as a result of negligence on the part of the doctors. Death of the patient occurred on 14-9-2008 whereas the First Information Report is lodged by brother of the deceased on 5-12-2008. It is stated that police have completed the investigation and the charge sheet is also presented to the court.

5. Copy of the report submitted by the Expert Committee conducting enquiry in respect of the circumstances leading to the death of deceased Shweta is placed on record. The Committee consists of three medical professionals. On perusal of the papers, the Expert Committee has concluded that the patient was suffering from Falciparum malaria and at the time of admission of the patient her vital parameters were normal. The Committee reached conclusion that the patient was not suffering from cerebral Malaria and the death certificate issued in that behalf does not appear to be correct. It is noted in the report that the case papers reveal that at IAO pm doctor issued instructions for administering quinine injection 600 mg in 1. slowly over 6 hours. However, after administration of drug, the patient became serious and died at 1.45 am. At the stage of hearing of the petition, final report of Enquiry Committee is also placed on record on which reliance is placed by the respondent. In the final report also the Committee of doctors have confi

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