IMPORTANT POINT
Criminal liability for medical negligence requires a clear causal connection between the negligent act and the patient's death, which was not proven in this case.

JUDGMENT :

(Per S. G. Chapalgaonkar, J.) :

1. The applicant approached this Court under Section 482 of the Criminal Procedure Code praying to quash the FIR in Crime No.182/2022 dated 30.09.2022 registered with Nimbhora Police Station, Dist. Jalgaon for offence punishable under Sections 304-A of the Indian Penal Code as well as consequential criminal proceeding in SCC No.146/2023 pending before Judicial Magistrate First Class at Raver.

2. Mr. Kashinath Shravan Kolambe, Police Sub Inspector, Nimbhora Police Station lodged report informing that one Mr. Sachin Arun Patil had filed compliant to Police Station alleging that his wife Gayatri Sachin Patil was treated by applicant i.e. Dr. Prashant Sopan Ahire, who runs Samarth Clinic at village Vivare (Bk.). The Gayatri was under his medical supervision during the period from 13.05.2021 to 16.05.2021. However, the health condition of Gayatri deteriorated, hence, she was referred to Gajanan Hospital of Dr. Sunil Choudhari at Savada. On his advice, she was admitted at Dr. Rajesh Dabi’s Hospital at Jalgaon. Since, there was no improvement in health condition of Gayatri, she was further referred to Om Clinic Hospital, Jalgaon. Lastly, she was brought back Gajanan Hospital at Savada. However, on 31.05.2021, Gayatri lost her life. It is alleged that because of wrong treatment and overdose of medicine during the preliminary treatment by the applicant, Gayatri lost her life.

3. In pursuance of aforesaid complaint, papers related to the medical treatment advanced to Gayatri were collected from respective hospitals and opinion was solicited from Civil Hospital/Government Medical College, Jalgaon vide communication dated 13.06.2021. The Committee constituted at Medical College submitted its report dated 15.09.2022 to Police Station, which states that the applicant had prescribed irrational combination of medicines. The report further states that applicant being qualified in stream of Ayurvedic medicine, he was not competent to prescribe modern medicines.

4. It is, therefore, alleged that applicant treated Gayatri in negligent manner by prescribing modern medicines with irrational combination, hence, responsible for her death. Consequently, Crime No.182/2022 came to be registered against applicant for offence punishable under Section 304-A of the Indian Penal Code. On completion of investigation, charge-sheet no.3/2023 dated 05.02.2023 has been filed against the applicant, which has been culminated into S.C.C. No.146/2023, pending before Judicial Magistrate First Class at Raver.

5. Mr. V. B. Patil, learned Advocate appearing for the applicant submits that applicant is registered medical practitioner and entitled to prescribe modern scientific medicines to the extent of training that is received by him in that stream. He submits that Medical Education and Drugs Department has clarified that medical practitioner enrolled and holding qualification specified in Part A, B and A-1 of the Scheduled Appended to the Act is eligible to practice modern system of medicine with Allopathy medicines to the extent of training received. Although applicant holds a degree in Ayurvedic Medical Science, he is qualified to practice in foreign scientific medicines in pursuance of his training and registration. He would submit that applicant had treated Gayatri during the period from 13.05.2021 to 16.05.2021 and provided best possible medical assistance during Covid period. Thereafter, Gayatri suffered brain hemorrhage for which she was treated at three different hospitals before her death on 01.06.2021. The postmortem is not conducted. The cause of death is not known. However, from the treatment papers, it can be gathered that cause of death is attributable to brain hemorrhage and unsuccessful surgery, which has nothing to do with medicines prescribed and treatment advanced by applicant. He would submit that applicant has been falsely implicated in case of medical negligence in absence of evidence to establish rash and negli