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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
BIBHU DATTA GURU, RAMESH SINHA, C.J.
Rajib Lochan Bhanja S/o Radhakrushna Bhanja – Appellant
Versus
State of Chhattisgarh Through The Station House Officer – Respondent
ORDER :
Bibhu Datta Guru, J.
1. By the present petition, the petitioners have prayed for the following reliefs:
“It is therefore humbly prayed that the Hon'ble Court may kindly be pleased to quash the FIR No. 1342/23, chargesheet (Annexure P-1) for offence u/s 304A of IPC registered by PS- Sarkanda, District- Bilaspur, C.G which is a gross abuse of process of law, illegal and against the provision of law and thus, liable to be quashed in the interest of justice. The Hon'ble High Court may be pleased to set-aside the consequential criminal proceedings bearing Criminal Case No. 2035/2024 pending before Chief Judicial Magistrate, Bilaspur, District- Bilaspur, CG in the interest of justice.
Any other relief which this Hon'ble Court deem fit and proper may also kindly be granted to the petitioners in the interest of justice.”
2. Facts of the case, in brief, is that the respondent no. 2 is the father of deceased namely; Goldy Chhabra alias Gurveen Singh Chhabra and he lodged a report alleging, inter alia, therein that on 25/12/2016 at about 8.45 a.m. the deceased had visited the Apollo Hospital Bilaspur for medical treatment and after conducting preliminary examination, he was hospitalized an
Medical negligence accusations must be substantiated by clear evidence; mere allegations, without expert consensus on negligence, are insufficient for criminal liability.
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.
Criminal prosecution for medical negligence requires evidence of gross negligence, not merely attendance during emergencies, and must be substantiated with expert testimony.
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.
Criminal negligence in medical cases requires a higher degree of negligence than civil liability; sufficient prima facie evidence can justify prosecution without expert testimony.
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