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MITALI THAKURIA
Himleena Gautam W/o Dr. Mrinal Chandra Bhattacharyya – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
MITALI THAKURIA, J.
1. Heard Mr. P. Das, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. S. Dutta, learned counsel for the respondent No. 2.
2. This is an application under Section 482 of the Code of Criminal Procedure, 1973 for setting aside and quashing of the Order dated 07.11.2019, passed by the learned Sub-Divisional Judicial Magistrate (Sadar)-I, Kamrup (M) in Complaint Case No. 3459/2019 taking cognizance against the present petitioner under Section 192/304(A)/316 of the Indian Penal Code, 1860 as well as the entire proceedings thereof insofar as the petitioner is concerned.
3. The case of the petitioner, in brief, is that she was working as a Junior Consultant in the Department of Obstetrics and Gynecology and prior to being a Junior Consultant, she was serving as a Senior Registrar, Obstetrics and Gynecology Department, Apollo Hospitals, Guwahati from January, 2018 upto September, 2019. The petitioner was not aware about the case pending against her before the Court of SDJM, (Sadar)-I, Kamrup (Metro) at Guwahati, but on receipt of summons from the learned Trial Court below,
The necessity of obtaining expert medical opinion before taking cognizance against a doctor in cases of alleged medical negligence is paramount to avoid wrongful prosecution.
The necessity of obtaining a competent medical opinion before taking cognizance against a doctor in negligence cases is reaffirmed.
Criminal negligence in medical cases requires a higher degree of care and thorough examination of facts by the magistrate to substantiate claims; an independent medical opinion is essential.
Criminal prosecution for medical negligence requires evidence of gross negligence, not merely attendance during emergencies, and must be substantiated with expert testimony.
Criminal proceedings against doctor quashed absent gross negligence proof and where inquiry report confirms no involvement in treatment; high threshold per established guidelines required for medical....
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 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.
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