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RAJEEV RANJAN PRASAD
Paras Global Hospital – Appellant
Versus
State of Bihar through Principal Secretary Department of Home – Respondent
Headnote: Read headnote
ORDER (ORAL)
Heard learned counsel for the petitioner and Ms. Divya Verma, learned AC to AAG-3 for the State.
2. Despite service of notice on the informant-respondent no. 4, he has not turned up to contest this application.
3. Petitioner in the present case is one Paras Global Hospital, Darbhanga represented through its Unit Head namely Ashish Mukherjee. The petitioner is seeking quashing of the first information report being Lahariyasarai P.S. Case No. 579 of 2018 registered for the offences registered under Sections 304A, 420 and 34 of the Indian Penal Code.
Brief Facts of the Case:—
4. It is stated that on 01.02.2018, at about 11:30AM, the FIR in question was lodged by the respondent no. 4 alleging therein that one Jitendra Kumar met with an accident and he was referred to Paras Global Hospital, Darbhanga from Darbhanga Medical College and Hospital, Darbhanga (hereinafter ref
Medical negligence – Death of patient – Where allegations in FIR and other materials brought in support thereof do not disclose commission of cognizable offence justifying investigation by police off....
Medical negligence requires substantial expert evidence to warrant prosecution; mere allegations without solid proof are insufficient.
The main legal point established in the judgment is the necessity of a preliminary inquiry into allegations of medical negligence, the requirement for prima facie evidence before entertaining a priva....
The registration of an FIR is mandatory when a cognizable offence is disclosed; however, a General Diary entry may be treated as an FIR in appropriate cases.
Medical professionals must adhere strictly to consent protocols; deviations constitute negligence, justifying FIR registrations.
FIR registration is mandatory when a cognizable offence is disclosed; GD entries may be treated as FIRs in certain cases.
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