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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Mamta Sinha, Wife of Dr. Shalesh Kumar Sinha – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
CHANDRA SHEKHAR JHA
Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner, Mr. Navin Kumar Pandey, learned APP for the State and Mr. Sanjay Singh, learned senior counsel appearing on behalf of O.P. No.2.
2. The present petitioner preferred under Section 482 of the CRIMINAL PROCEDURE CODE (in short ‘Cr.P.C.’) by the petitioner for quashing of the order dated 23.02.2024 as passed by learned Additional Sessions Judge-X, Patna in Sessions Trial No.440 of 2023 arising out of Complaint Case No.1750(c) of 2003, whereby the learned trial court has dismissed the application of discharge filed by the petitioner under Section 227 of the Cr.P.C.
3. The prosecution case, in brief, is that one Satish Kumar (O.P. No.2/complainant) lodged a complaint case stating therein inter alia that he is working as a mail man in Railway Mail Services at Patna Railway Station. In the month of June 2000, he was suffering from acute abdominal pain associated with the passing of red-white substances along with urine. It is further alleged that as he was facing difficulty in passing urine, he got himself examined in the dispensary of Central Government Health Scheme at Kankarbagh. He was advise
Medical professionals can only be held criminally liable for negligence if gross negligence is established. The presence of a co-accused in a procedure does not automatically imply responsibility wit....
The need for a credible opinion from another competent doctor to support the charge of negligence before entertaining a private complaint against a doctor and the inability to fasten vicarious liabil....
Criminal liability for medical negligence requires a higher degree of negligence than civil cases, necessitating proof beyond reasonable doubt.
A negative final report does not bar further investigation and prosecution in cases of medical negligence requires substantial expert evidence.
Medical professionals cannot be prosecuted for negligence unless there is gross negligence established through expert opinion; mere errors or lack of consent do not suffice.
Departmental exoneration does not automatically quash criminal charges, which must be proven independently in a trial.
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