The main legal point established in the judgment is the requirement of expert medical opinion to support a charge of negligence against a doctor and the need for a high degree of negligence to establish criminal liability in cases of medical negligence.

JUDGMENT :

J.J. Munir, J.

1. Many in the world of medicine say, or at at least tempted to say, “I Treat He Cures”. All qualified doctors, except the occasional and recalcitrant few “treat” their patients. Whether they are cured or not in every case, is certainly not in the hands of the doctor. What if a doctor treats, but the patient is not cured; in fact, he dies. Does the doctor become guilty of the offence of death by negligence, punishable under Section 304A IPC?

2. This is all that the present case is about.

3. This Application under Section 482 Cr.P.C. has been filed by a certain Dr. A.K. Gupta, and, another Dr. Alok Mishra, seeking to quash the entire proceedings of Complaint Case no.2028 of 2004, Indradev Chauhan vs. Dr. A.K. Gupta and another, under Section 304 IPC, Police Station George Town, District Allahabad.

4. The applicants have come up with a case that the Priti Hospital (hereinafter referred to as the 'hospital') is one of the renowned Medical Care Centres in the City of Allahabad. It is equipped with the most modern and updated equipment, employed in the diagnosis and treatment of diseases. The doctors at the hospital are highly skilled and qualified professionals, in their respective areas of specialization. The hospital has steadily gained reputation, and, earned the trust of the innumerable ailing, who walk in with confidence and faith. The hospital is engaged in an untiring and ceaseless endeavour to serve the people of Allahabad, in general, by providing them the most modern amenities, in the field of medicare.

5. The applicants, however, lament that the weather is not always pink. It is certainly not so for every patient, who is devotedly cared for by the doctors at the hospital. Not all, but a few of the unlucky ones, who face reverses in treatment, do not take it with equanimity. The doctors at the hospital do not mind the emotional outbursts, at distressful moments, from the patients or their relatives.

6. It is their professional duty to empathize with the unlucky few. But, there is a section amongst patients, and, much more, amongst their relatives, friends or persons of still remote acquaintance, who are on the look out to fish in troubled waters. Their intentions are mala fide. The moment there is an unpleasant turn or an event, in the course of medical management, the malicious mind of these minuscule section of the society, do not spare the hospitals, the doctors and staff, to browbeat them with extortionist demands for money.

7. It is submitted that there are various ways and means, to extort money from the doctors. Some resort to violence and goondaism, others would abuse the administration and the police machinery, some undeservedly choose to go to the Medical Council, and, still others, knock at the doors of the Court or the Consumer Fora.

8. In the present case, the applicants face criminal prosecution for an offence under Section 304A IPC, brought by way of a complaint, laid before the learned Chief Judicial Magistrate, Allahabad, who has summoned the applicants to stand their trial on the allegations, set out in the complaint.

9. Heard Sri Imran Syed holding brief of Sri Amit Krishan, learned counsel for the applicants and Sri M.P. Singh Gaur, learned Additional Government Advocate along with Sri Avanish Shukla, appearing for the State. Learned counsel for opposite party no.2 has not appeared.

10. It is submitted by the learned counsel for the applicants that the facts giving rise to the impugned complaint, require mention in some detail. One Ratnesh Kumar, a son of the complainant, Indradev Chauhan, was admitted to the hospital on 29.12.2003, in the evening hours. He came in with complaints of severe pain in the abdomen, fever and vomitting that he had for the four days past, and, had been under treatment, elsewhere. It is stated that at the time of admission to the hospital he was febrile, his pulse rate was high, and, respiratory rate was also high. His abdomen was painful. He was diagnosed wit