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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
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 Telhara, District Akola alleges “medical negligence” on the part of the applicant, who is doctor by profession, who has allegedly given an “injection” in Spinal Cord of Dilip Malekar (the deceased) who unfortunately succumbed to the injection. As per recital of the FIR, initially, a Murg was filed and an enquiry was conducted. The investigating officer prepared spot panchanama, inquest panchanama, and referred the dead body of the deceased for postmortem. The investigating agency has recorded statements of witnesses who were employed at “Gomati Clinic” and also forwarded samples for chemical analysis. After receipt of the CA Report, opinio
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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