Back
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
M.K. Hanjura, J.
Shyam Kumar Gupta – Appellant
Vs.
State and Ors. – Respondent
Pet u/s. 561-A No. 625 of 2017 and MP No. 1 of 2017
Decided On : 26-12-2017
Medical Negligence - Quashing of FIR - Ranbir Penal Code, Svt. 1989 (1932 A.D) - Section 304-A - Summary of Acts and Sections: The court discussed the provisions of Section 304-A of the Ranbir Penal Code, Svt. 1989 (1932 A.D) and emphasized the need for a higher degree of negligence amounting to gross negligence to establish criminal liability. The court referred to the legal principles established in Dr. Suresh Gupta v. Govt. of N.C. T. of Delhi and Jacob Mathew v. State of Punjab & Anr. to define the concept of negligence in civil and criminal law, and highlighted the need for caution in prosecuting medical professionals for criminal negligence. The court also laid down guidelines for future prosecution of doctors for offences involving criminal rashness or negligence.
Fact of the Case:
The petitioner, a medical professional, was accused of medical negligence resulting in the death of a patient. Two enquiries were conducted by expert doctors to ascertain the cause of death. The reports concluded that the petitioner had not acted with gross negligence and had followed standard protocols of treatment.
Finding of the Court:
The court found that the allegations against the petitioner did not amount to gross negligence and emphasized the need for caution in prosecuting medical professionals for criminal negligence. The court quashed the FIR and all proceedings against the petitioner.
Issues: The main issue was whether the act attributed to the petitioner constituted gross negligence, warranting criminal liability under Section 304-A of the Ranbir Penal Code, Svt. 1989 (1932 A.D).
Ratio Decidendi: The court emphasized the need for a higher degree of negligence amounting to gross negligence to establish criminal liability. It highlighted the distinction between negligence in civil and criminal law and laid down guidelines for future prosecution of doctors for offences involving criminal rashness or negligence.
Final Decision: The petition filed by the petitioner under Section 561-A of the Code of Criminal Procedure was allowed, and the FIR and all proceedings against the petitioner were quashed.
M.K. Hanjura, J.
1. The petitioner, Shri Shyam Kumar Gupta, has craved the indulgence of this Court in granting him the following relief’s:
"(A) To Quash and set aside the Order/Judgment dated April, 24, 2017 passed by the learned Chief Judicial Magistrate, Jammu, in File No. NIL/Misc. dated 17.03.2013 titled "Rajinder Parkash v. Dr. Shyam Kumar Gupta", whereby, the Station House Officer, Bakshi Nagar, Jammu, was directed to register First Information Report under Section 304-A Ranbir Penal Code, Svt. 1989 (1932 A.D) as against the petitioner and investigate the case under law, without considering the Medical Opinion No. GNH/J/1809 dated 09.03.2013 rendered by a team of experts pursuant to the Order No. DHSJ/5100/3631-35 dated 16.02.2013 passed by the Director Health Services, Jammu, as also the Report of Medical Board comprising of very senior Doctors constituted by the Principal, Government Medical College, Jammu, pursuant to the Order dated 23.02.2016 passed in Criminal Complaint No. NIL/MISC dated 17.03.2013 titled "Rajinder Parkash v. Dr. Shyam Kumar Gupta", read with the FIR No. 60/2017 registered at Station House Officer, Bakshi Nagar, Jammu for commission of offence under Section 304-A Ranbir Penal Code, Svt. 1989 (1932 A.D).
(B) The respondents No. 1 to 3, especially the respondent No. 3-Station House Officer, Bakshi Nagar, Jammu, be restrained to proceed ahead with investigation of First Information Report No. 60/2017 for commission of offence under Section 304-A Ranbir Penal Code, Svt. 1989 (1932 A.D).
(C) The respondent No. 4-Rajinder Parkash, be proceeded against for filing the wrong affidavit before this Hon'ble Court in Writ Petition (Other) No. 214/2015 titled "Poonam Sharma and ors. v. State of J&K and ors.".
(D) Pass any other Order as this Hon'ble court may deem fit and proper in the facts and circumstances of the present case."
2. The facts, as these stem out from the instant petition, are that, the petitioner completed his Post Graduation (MS Surgery) from SKIMS in the year 2005. It is stated that the petitioner is also a member of Royal College of Physicians and Surgeons of Glasgow (United Kingdom) which is one of the prestigious institutions in the world. It is stated further that the petitioner initially came to be appointed in the Health Department as an Assistant Surgeon in the year 2005 and in the year 2011 he was posted as a B-Grade Surgeon Specialist in the Government Hospital at Sarwal and is presently working as a Lecturer in the Department of Surgery, Government Medical College, Jammu.
3. It is contended by the petitioner that one Jai Kumar visited Government Hospital, Sarwal, complaining pain on the right side of the abdomen. After his examination and the tests conducted, he was found to be having stones in the Gallbladder and was accordingly advised to undergo surgery for the removal of the Gallbladder. On 10th January, 2013, after all the preliminary tests and other requirements and after getting written informed consent from the patient and his attendants for undergoing surgery and anesthesia, the patient was operated and he gave up the ghost on 15.02.2013 at his residence.
4. It is stated that after sometime the patient complained of some discharge from the drain which was put in during the surgery for which he was observed and in order to get better care of the patient, he was referred to Tertiary Care Hospital, Government Medical College Hospital, Jammu to get specialized treatment and also in view of the fact that the Government Hospital, Sarwal, which is a District Hospital does not have such facilities as are available in the Government Medical College Hospital, Jammu. The said Jai Kumar, upon issuance of the referral letter to the Government Medical College Hospital, Jammu on 19th January, 2013 was discharged from the Government Hospital, Sarwal. Pursuant to the said communication the patient subsequently had reported at Government Medical College Hospital, Jammu and was put on treatme
AI
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
