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SANJAY KUMAR DWIVEDI
Kiran Kaushal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Nagmani Tiwary, learned counsel for the petitioner, Mr. Jitendra Pandey, learned counsel for the State and Mr. Vishal Kumar, learned counsel for the State.
2. This petition has been filed for quashing entire criminal proceedings pertaining to Protest-cum-Complaint Petition CC No. 742 of 2016 including the order taking cognizance dated 30.07.2018 whereby cognizance has been taken under sections 307 and 420 I.P.C. against the petitioner, pending in the Court of learned C.J.M., Giridih.
3. The O.P. No. 2 has filed complaint case alleging therein that she was suffering from pain in abdomen and upon instruction of the doctor Ultrasound was done on 20.03.2010 at Lalpur Ultrasound Centre, Ranchi wherein both kidneys were normal. It is alleged that after two months again pain started wherein she met the petitioner and was advised operation which was done. However, pain continued and the complainant was financially exploited from 01.06.2010 to 09.05.2011 on account of treatment. It is further alleged that the pain became more and she started problem in urinating and on 09.10.2013 when ultrasound was done at Nav Ultrasound Krishna Nagar, Giridih it was revealed that the
The main legal point established in the judgment is the significance of expert opinions and the requirement for comprehensive expert reports in medical cases, as well as the higher level of negligenc....
Medical professionals can only be held criminally liable for negligence if gross negligence is established. The presence of a co-accused in a procedure does not automatically imply responsibility wit....
The central legal point established in the judgment is the requirement for expert opinion before initiating criminal proceedings against doctors and the potential abuse of process of law in cases of ....
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.
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.
The main legal point established in the judgment is the requirement of expert medical opinion in cases of alleged medical negligence and the need for a high degree of negligence to establish criminal....
In cases of alleged medical negligence, the necessity of obtaining an independent expert medical opinion before proceeding with criminal charges is paramount to avoid abuse of legal process.
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....
A negative final report does not bar further investigation and prosecution in cases of medical negligence requires substantial expert evidence.
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