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RAMESH SINHA, RAJANI DUBEY
Shobhraj Chandani S/o Late Shri R. L. Chandani – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. By this petition, the petitioner seeks for the following reliefs:
10.2 The Hon’ble Court may kindly be pleased to writ in the nature of the Mandamus, by directing the respondents and its authority to comply with the direction issue by the Hon’ble Supreme Court before registering an offence against the Doctors.
10.3 The Hon’ble Court may kindly be please to grant the compensation for harassment to the petitioners for registering an offence which they never committed.
10.4 That, this Hon’ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.”
2. The present petition is filed for quashing of a First Information Report bearing Crime No. 764/2022, dated 21/08/2022 registered against the petitioners for an offence under section 294, 304 A, 323, 34, 506 of Indian penal Code. The respondent no. 2
The court emphasized the requirement of gross negligence and high recklessness to fasten criminal liability on doctors.
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....
Criminal negligence requires substantial proof of gross negligence; mere allegations do not suffice for prosecution under IPC, particularly in medical cases.
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....
A negative final report does not bar further investigation and prosecution in cases of medical negligence requires substantial expert evidence.
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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