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BIBEK CHAUDHURI
Health World Hospital – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Bibek Chaudhuri, J. - The petitioner No.1 and 2 are the companies incorporated under the Companies Act having their offices at plot No.C-49, Commercial Area, Opposite to ESIC Regional Office, City Centre, Durgapur in the District-Paschim Burdwan, and 139D, Rashbihari Avenue, Ground Floor, Kolkata-700029 respectively.
2. Petitioner No.1 is represented by its Executive Director (Administration) Mr. Prabir Mukherjee (petitioner No.8). Petitioner No.2 company is represented by petitioner No.3 Dr. Arunangshu Ganguly. Petitioners No.4 and 5 are doctors attached to Health World Hospital. Petitioner No.6 and 7 are also office bearers of the said company. Petitioners have approached this Court for quashing of the proceeding in connection with G.R Case No.96 of 2020 arising out of Durgapur Police Station Case No.27 of 2020 dated 15th January, 2020 under Sections 420/467/468/406/409/328/120B of the Indian Penal Code read with Section 34 of the West Bengal Clinical Establishment (Registration, Regulations & Transparency) Act and also under the Citizenship Act and the Foreigners Act presently pending before the Learned Additional Chief Judicial Magistrate at Durgapur.
3. It is pertinent t
The main legal point established in the judgment is the requirement for a prima facie case of medical negligence before initiating criminal proceedings against medical practitioners.
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 accusations must be substantiated by clear evidence; mere allegations, without expert consensus on negligence, are insufficient for criminal liability.
The court emphasized the requirement of gross negligence and high recklessness to fasten criminal liability on doctors.
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....
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