JUDGMENT :

Valmiki Sa Menezes, J.

This is a criminal application invoking our inherent jurisdiction under Section 482 of the Code of Criminal Procedure (hereinafter referred to as “the Code”) seeking to quash FIR in Crime No.142 of 2004 dated 15.04.2004 and Charge-Sheet/Final Report filed thereupon bearing No.41 of 2005 dated 08.03.2005 for offence punishable under Section 304-A of the Indian Penal Code (hereinafter referred to as “the IPC”).

This is a case where the complainant, brother of the husband of the deceased, alleges medical negligence on the part of the applicant, a Doctor/Surgeon, who conducted cesarean surgery for delivery of a child born to the patient, who unfortunately succumbed hours after the surgery, due to hemorrhage.

2. From the investigation papers filed along with the Final Report, the following facts appear on record :

(a) Smt. Kanchan Atul Kulkarni was admitted on 05.03.2004 for delivery of a baby under the care of the applicant, who is an Obstetric and Gynecology Surgeon at Yashwant Hospital, Amravati; a cesarean surgery (C-Section) was performed by the applicant on 06.03.2004 between 6:00 p.m. and 7:00 p.m. after which she was shifted to a room at that hospital at 7:30 p.m. From the hospital papers, it transpires that till 11:30 p.m., the patient was comfortable and the notings in the hospital record state that very little bleeding was seen through the catheter placed in the uterus.

(b) At about 11:45 p.m., the patient was found bleeding profusely, with blood oozing all over the bed; the applicant was called to examine the patient and he ordered a blood transfusion to be commenced. In the meanwhile, the applicant also called the Anesthetist, since the patient may have required a further surgery. The applicant also called one Dr. Pushpa Junghare for a second opinion at around 1:30 a.m., who opined that the patient had Disseminated Intravascular Coagulation (DIC) and her blood coagulation had stopped. Various medicines were administered to the patient for coagulation of blood, which was, in the opinion of the doctors due to Disseminated Intravascular Coagulation, a medical condition seen in the form of profuse bleeding. However, since the patient continued to bleed from her vagina, the applicant explained her critical condition to her relatives and with their consent, she was shifted by an ambulance to Dr. Yadgire Intensive Care Unit, Amravati with the applicant accompanying the patient for further treatment.

(c) At Dr. Yadgire Intensive Care Unit, two blood transfusions were given to the patient. Despite which she continued to bleed; It was then decided by Dr. Atul Yadgire, who was an Obstetric Surgeon, to perform an emergency hysterectomy operation on the patient to remove her uterus. The operation was performed at around 3:15 a.m., wherein the applicant and Dr. Pushpa Junghare assisted.

(d) Unfortunately, the profuse bleeding continued in the patient even after the hysterectomy was performed, which according to Dr. Atul Yadgire, the applicant and Dr. Pushpa Junghare was due to DIC, and the patient’s condition deteriorated, with her blood pressure dropping and she was declared dead at 5:05 a.m. in the morning of 07.03.2004.

(e) A postmortem was conducted in which the report suggests that the death of the patient was caused “by shock due to hemorrhage because of an incisional cut on the urinary bladder led to profuse bleeding because of this it led to Postpartum Hemorrhage (PPH) with Disseminated Intravascular Coagulation (DIC).

(f) It appears that one Tushar Vijay Kulkarni, who is arrayed as non-applicant No.2 herein, the brother of the husband of deceased Kanchan, had given a report to the Police alleging that the applicant and two other doctors namely Dr. Atul Yadgire and Dr. Ullhas Sangai had acted negligently and caused the death of the said Kanchan.

An opinion was sought by the investigating agencies from a Committee consisting of six doctors from the Civil Hospital. The report of the Committee was obtaine