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R. G. AVACHAT, SANJAY A. DESHMUKH
Ravindra Laxman Bhosale – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
SANJAY A. DESHMUKH, J.
1. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned advocates for the parties.
2. This is an application filed under section 482 of the Criminal Procedure Code, 1973 for quashing of criminal proceedings registered as SCC No. 5292 of 2021 pending in the Court of Judicial Magistrate, First Class, Ahmednagar in pursuance of the FIR bearing Crime No. 207 of 2021 registered with Bhingar Camp Police Station, Ahmednagar for an offence punishable under section 304-A of the Indian Penal Code, 1860 (for short “IPC”). Report was lodged by the Police Head Constable-Ganesh Nagargoje of Police Station Savedi, Ahmednagar.
3. The learned advocate for the applicant pointed out that one Yogesh Suresh Pawar died in the hospital of applicant during the treatment of pulmonary edema atheriseleis with fatty liver on 07.01.2019. The A.D. was registered and investigation was conducted. After postmortem of the dead body, as per the opinion of Dr. P.L. Saigaonkar Medical Officer dated 01.06.2021, the cause of death is death due to pulmonary edema atheriseleis with fatty liver was not there. There was sever acute septisemic shock due to acute pa
The main legal point established in the judgment is that expert opinion in cases of medical negligence should be obtained from authorized sources, and the absence of a prima facie case of medical neg....
Cognizance of medical negligence cannot proceed without prima facie expert opinion as per established legal standards, emphasizing the need for significant evidence to substantiate claims of gross ne....
For criminal liability under Section 304-A IPC in cases of medical negligence, there must be gross negligence proven by credible medical evidence; mere allegations without such evidence are insuffici....
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.
Medical professionals cannot be prosecuted for negligence unless there is gross negligence established through expert opinion; mere errors or lack of consent do not suffice.
For criminal liability under Section 304-A IPC, gross negligence or recklessness must be established, along with a violation of duty by the medical professional, necessitating a trial.
Medical negligence accusations must be substantiated by clear evidence; mere allegations, without expert consensus on negligence, are insufficient for criminal liability.
To initiate legal proceedings against a medical professional for negligence, there must be a competent expert opinion confirming a prima facie case of negligence, following procedural mandates.
The need for a credible opinion from another competent doctor to support the charge of negligence before entertaining a private complaint against a doctor and the inability to fasten vicarious liabil....
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