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SANDEEP KUMAR
Durga Shankar – Appellant
Versus
State of Bihar – Respondent
Sandeep Kumar, J. – This application has been filed by the petitioner for quashing of the order dated 03.02.2016 passed by learned A.C.J.M., 1st East, Muzaffarpur, in Kaji Muhammadpur P.S. Case No. 137 of 2012, by which the learned Magistrate has taken cognizance against the petitioner for the offence under Sections 420 and 308/34 of the Indian Penal Code as well as the order dated 18.08.2022 passed by learned Additional Sessions Judge, XII, Muzaffarpur, in Sessions Trial No. 643 of 2019, by which the discharge petition filed by the petitioner has been rejected.
2. As per the F.I.R. on 02.05.2012 the mother of the informant got ill and was taken to Maa Bhawani Hospital and was admitted under the petitioner-Dr. Durga Shankar. It is alleged that according to the doctor, the mother of the informant needed “A positive” blood and the blood was donated by the informant himself. When more blood was needed, it was advised by the doctor that blood may be procured from the blood bank. It is also alleged that the blood was arranged by a staff of the hospital for a cost of Rs.2200/- but when the said blood was transfused in the body the patient, the patient became serious. It is also alleged th
Competent medical opinion is necessary in cases of medical negligence, and the court emphasized the need for care and caution in the interest of society when prosecuting doctors for offenses of crimi....
For criminal liability under Section 304-A IPC in cases of medical negligence, there must be gross negligence proven by credible medical evidence; mere allegations without such evidence are insuffici....
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....
Cognizance of medical negligence cannot proceed without prima facie expert opinion as per established legal standards, emphasizing the need for significant evidence to substantiate claims of gross ne....
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