Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ANAND SHARMA
Sanjay Choudhary, S/o. Shri Nemi Chand Choudhary – Appellant
Versus
State of Rajasthan through P.P. – Respondent
| Table of Content |
|---|
| 1. challenge of fir validity (Para 1 , 2) |
| 2. allegations of medical negligence clarified (Para 3 , 4 , 5) |
| 3. medical board findings and evidence (Para 6 , 7 , 8 , 9) |
| 4. no mens rea for section 304 ipc (Para 11 , 12) |
| 5. guidelines from jacob mathew case applied (Para 13 , 14) |
| 6. fir quashed to prevent abuse of process (Para 15 , 16 , 17 , 18) |
Order :
ANAND SHARMA, J.
1. Both these petitions have been filed by the petitioners challenging the FIR No.846/2018 registered at Police Station- Shipra Path, District-Jaipur City (South) for offences under Sections 304 & 120B of IPC .
2. At the outset, learned counsels appearing for the petitioners submit that there is an inadvertent typographical error in the prayer clause of both these petitions, where FIR number has wrongly been shown as 848/2018 instead of 846/2018 and date of FIR has also been wrongly mentioned as 02.11.2018 instead of 10.11.2018. On oral request made by learned counsels for the petitioners, they have been permitted to carry out necessary rectification in the prayer with red pen after putting their signatures over the corrections.
3. Learned counsels appearing for the petitioners would submit that bare perusal of
Criminal negligence requires substantial proof of gross negligence; mere allegations do not suffice for prosecution under IPC, particularly in medical cases.
Medical negligence accusations must be substantiated by clear evidence; mere allegations, without expert consensus on negligence, are insufficient for criminal liability.
Medical negligence requires substantial expert evidence to warrant prosecution; mere allegations without solid proof are insufficient.
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.
Cognizance of medical negligence cannot proceed without prima facie expert opinion as per established legal standards, emphasizing the need for significant evidence to substantiate claims of gross ne....
Criminal prosecution for medical negligence requires evidence of gross negligence, not merely attendance during emergencies, and must be substantiated with expert testimony.
Criminal liability for medical negligence requires a higher degree of negligence than civil cases, necessitating proof beyond reasonable doubt.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
