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RAJEEV RANJAN PRASAD
Paras Global Hospital – Appellant
Versus
State of Bihar through Principal Secretary Department of Home – Respondent
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 referred to as ‘D.M.C.H.’). The allegation is that there were negligence in the matter of treatment of said Jitendra Kumar. Further allegation is that the hospital manager namely Farukhi kept on assuring that Jitendra Kumar would be alright and in the name of saving his life, he cheated the relatives and to
A negative final report does not bar further investigation and prosecution in cases of medical negligence requires substantial expert evidence.
Medical negligence accusations must be substantiated by clear evidence; mere allegations, without expert consensus on negligence, are insufficient for criminal liability.
Negligence claims in medical care must be substantiated by competent medical opinions before FIR registration, and fundamental rights to health are protected under Articles 14 and 21 of the Constitut....
Criminal negligence requires substantial proof of gross negligence; mere allegations do not suffice for prosecution under IPC, particularly in medical cases.
Medical negligence requires substantial expert evidence to warrant prosecution; mere allegations without solid proof are insufficient.
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