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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
URMILA JOSHI-PHALKE
Dwarkadas s/o Narayandas Rathi – Appellant
Versus
State of Maharashtra, through Ministry of Home Affairs – Respondent
| Table of Content |
|---|
| 1. quashing application for medical negligence fir (Para 1 , 2) |
| 2. no evidence of treatment or injection by applicant (Para 3) |
| 3. clinic death implies negligence from unknown injection (Para 4 , 5) |
| 4. prima facie case assessment required (Para 6 , 7) |
| 5. bolam test demands gross negligence for doctors (Para 8 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 6. witness statements deny injection administration (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 7. reports confirm unknown injection, no poison detected (Para 24 , 25 , 26 , 27) |
| 8. insufficient proof of gross medical negligence (Para 28 , 29 , 30) |
| 9. fir quashed for lack of evidence (Para 31) |
JUDGMENT :
URMILA JOSHI-PHALKE, J.
1. Heard learned counsel Shri Mandar Deshpande for the applicant, learned APP Shri A.M.Kadukar for the State, and learned counsel Shri Anup Dhore for the non-applicant No.3.Admit. Heard finally by consent.
2. By this application, the applicant seeks quashing of the FIR in connection with Crime No.161/2023 registered under Sections 304-A and 201 of the IPC and consequent proceeding arising out of the same bearing SCC No.649/2023.
3. In the present case, informant Ganesh Dinkar Kayande serving as PSI of Police Station Telh
Criminal liability under IPC 304-A for medical negligence requires prima facie gross negligence by ordinary competent doctor standard; no prosecution without material proving rash act, as simple erro....
Medical negligence accusations must be substantiated by clear evidence; mere allegations, without expert consensus on negligence, are insufficient for criminal liability.
Criminal prosecution for medical negligence requires evidence of gross negligence, not merely attendance during emergencies, and must be substantiated with expert testimony.
Criminal negligence in medical cases requires a higher degree of negligence than civil liability; sufficient prima facie evidence can justify prosecution without expert testimony.
Medical negligence requires substantial expert evidence to warrant prosecution; mere allegations without solid proof are insufficient.
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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