The main legal point established in the judgment is that allegations of negligence and medical malpractice in the medical profession require prima facie evidence and expert medical opinions to support the charges. The court emphasized the need for detailed investigation and cautioned against quashing the FIR at the initial stage.

CRMC No. 45/2017

1. In the instant petition filed under Section 561-A Cr. P.C, petitioner seeks quashing of FIR No. 04/2017 dated 14th January, 2017 under Section 304-A RPC and Section 5 of P.C. Act and Complaint dated 24th November, 2016 before CJM, Poonch, which is illegal and in violation of law and the judgment passed by the Hon’ble Supreme Court of India.

2. The factual matrix of the case as projected in this petition is that the petitioner is a doctor by profession and has been working as such since 2007 in Poonch and has unblemished career record to her credit as Assistant Surgeon. Since 2010, she has been working as B-Grade Consultant Gynecologist in District Hospital, Poonch and has been conducting various deliveries and cesarean sections in professional manner. Her record of the number of normal deliveries and cesarean sections is evident from the work done report w.e.f. 01.04.2010 to 2017. The petitioner has been treating many patients coming from the far flung areas and village and one such patient, namely, Mussarat Bader W/o Tanveer Ahmed R/o Fazlabad, Tehsil Surankote, District Poonch, also was managed by the petitioner 3-4 times and on the very first visit, the patient/deceased was advised to arrange for blood, as she was anemic and also belonged to O-tive group, which is a rare blood group and is not readily available. The petitioner also referred her to District Hospital, Rajouri, as some complication might arise due to the non-availability of O-tive blood donor.

3. It is also stated in the instant petition that on the intervening night of 14th November, 2016 and 15th November, 2016, the deceased-Mussarat Badar was admitted in District Hospital, Poonch for delivery and she was put on I/v fluids and the petitioner, who had conducted three cesareans and 18 deliveries during the whole day as the other two doctors were on leave and the entire burden was upon the petitioner and despite being extremely tired, was called by the staff for attending the patient and the moment petitioner reached the labour room, where the patient (deceased), who was on bed died and despite all the efforts made by the petitioner to save the said deceased and her unborn child, who died due to the hypovoluminic shock with rupture of uterus and internal body hemorrhage leading to cardio respiratory failure. On 24th November, 2016, after ten days of the death of Mussarat Badar-the husband of the deceased, namely, Tanveer Ahmed lodged a Complaint (Annexure-D) before the CJM, Poonch for lodging an FIR against the petitioner, as she is alleged to have committed negligence and did not treat the deceased properly, due to which his wife and child died at 6.30 A.M on 15th November, 2016 and the CJM, Poonch forwarded the same to SHO, Poonch with a direction to investigate the matter and submit the report to the Court. After obtaining the direction from the CJM, Poonch for investigating the matter, the husband of the deceased on 11th January, 2017 approached the Hon’ble High Court for seeking direction of registering of FIR against the petitioner and on 11th January, 2017, the Hon’ble Court directed SHO, Poonch to act upon the order passed by the CJM, Poonch with reference to the Complaint of the petitioner. The SHO, Poonch instead of investigating the matter and thereafter, submitting the report to CJM, Poonch, lodged an FIR No. 04/2017 (Annexure-F), which is impugned in this petition.

4. It is also stated in the petition that on creating hue and cry by the husband and the relatives of the deceased-Mussarat Badar, the Deputy Commissioner, Poonch ordered a Magisterial enquiry also into the death case of the Mussarat Badar and the concerned Tehsildar held an enquiry and submitted the report to the Deputy Commissioner, Poonch, wherein it is categorically stated by the nurses of the District Hospital, Poonch, who were on duty on the intervening night of 14th November, 2016 and 15th November, 2016, namely, Parveen Akhter W/o Abdul Qyum and Naseem A