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VIBHA KANKANWADI, S. G. CHAPALGAONKAR
Prashant Sopan Ahire – Appellant
Versus
State of Maharashtra – Respondent
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 bro
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.
Criminal liability for medical negligence requires proof of a higher degree of negligence than mere error of judgment, as established in Jacob Mathew v. State of Punjab.
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.
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....
The main legal point established in the judgment is the requirement for a preliminary enquiry in cases of medical negligence, the need for caution in prosecuting doctors, and the seriousness of summo....
Criminal negligence requires substantial proof of gross negligence; mere allegations do not suffice for prosecution under IPC, particularly in medical cases.
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