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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Sreejoy Pattnaik – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. quashing of proceedings due to lack of expert opinion. (Para 1 , 2) |
| 2. contentions on procedural errors and necessity of expert opinion. (Para 4 , 5) |
| 3. legal standards for determining medical negligence. (Para 7 , 8 , 9) |
| 4. court's conclusion on expert opinion's necessity in negligence cases. (Para 10) |
| 5. final order quashing the earlier proceedings. (Para 11) |
JUDGMENT :
R.K. PATTANAIK, J.
1. By invoking the inherent jurisdiction under Section 482 Cr.P.C. the petitioner has filed the instant petition for quashing of the impugned order under Annexure-1 and also the entire of the proceeding in G.R. Case No. 482 of 2015 on the grounds inter alia that the learned J.M.F.C. (City), Cuttack failed to appreciate the matters on record in reaching at a conclusion directing him to face the trial despite a view that the IO ought to have obtained an expert opinion with regard to the alleged medical negligence.
2. A written report dated 21st March, 2015 was lodged by the informant alleging therein regarding rashness and negligence on the part of the petitioner, while carrying out surgical operation on her husband, who died thereafter. On the F.I.R. being lodged, Mangalabag P.S. Cas
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Medical negligence accusations must be substantiated by clear evidence; mere allegations, without expert consensus on negligence, are insufficient for criminal liability.
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