Poonam Sharma vs State of J. & K. - 2022 Supreme(J&K) 663

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(J&K) 663

WASIM SADIQ NARGAL
Poonam Sharma – Appellant
Versus
State of J. & K. – Respondent

Advocates Appeared:
For the Petitioners: Mr. Ashok Sharma.
For the Respondents: Mr. Amit Gupta, Ms. Monika Kohli, Mr. D.S. Chauhan with Ms. Damini Chauhan.

JUDGMENT :

1. Through the medium of present writ petition, the petitioners besides seeking direction to the respondents to pay compensation to the tune of Rs.20.00 lacs to them against the death of Sh. Jai Kumar S/o Rajinder Parkash, who died due to negligence of respondent No.8, seek issuance of a writ of mandamus directing respondent Nos. 4 to 7 to register a case and investigate the matter and arrest respondent No.8 for his criminal negligence causing death of deceased Jai Kumar.

2. The facts leading to the filing of present petition, as projected by the petitioners in the writ petition, are that the husband of petitioner No.1, father of petitioner No.2 and son of petitioner Nos. 3 and 4, namely Jai Kumar was detected with Gallbladder stone and was admitted to Government Hospital Sarwal on 09.01.2013. On 10th January, 2013, said Jai Kumar was operated upon for removal of stone by laser procedure by respondent No.8, who was then posted as Consultant Surgery in Sub District Government Hospital, Sarwal. According to the petitioners, while conducting surgery, respondent No.8 cut the CBD (Common bile duct) of the deceased Jai Kumar, which was not required. This resulted in serious pr