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MITALI THAKURIA
Pranab Kumar Medhi S/o Shri Harkanta Medhi – Appellant
Versus
Kabir Dewan S/o Nurul Islam – Respondent
JUDGMENT :
MITALI THAKURIA, J.
1. Heard Mr. N. Deka, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned counsel for the respondent No. 1 and Mr. P. Borthakur, learned Additional Public Prosecutor for the State 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 he is a MD in Medicine and passed his MBBS Course in the year 2001 from the Gauhati Medical College Hospital at Guwahati and currently pursuing DM, Nephrology in the Regional Institute of Medical Science, Imphal in the State of Manipur. Prior to the joining of the aforementioned super specialty course at Imphal, he was working in the Apollo Hospitals, Guwahati as an Intensive Care Specialist.
4. The complainant/respondent No. 1 instituted the above referred
The necessity of obtaining a competent medical opinion before taking cognizance against a doctor in negligence cases is reaffirmed.
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.
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.
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 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....
Criminal liability for medical negligence requires a higher degree of negligence than civil cases, necessitating proof beyond reasonable doubt.
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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