Back
GAUTAM CHOWDHARY
Girish Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Gautam Chowdhary, J.
List revised. None appears for the opposite party No. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. This application has been filed for quashing the proceedings of Case No. 402/9/2007 (State of U.P. v. Dr. Girish Kumar and others), under Section 269, 270, 274, 337, 338, 304 I.P.C., P.S. Civil Lines, District Muzaffarnagar, pending in the Court of Ld. ACJM-II, Muzaffarnagar.
3. Brief facts of the case are that the first informant namely, Ram Gopal Sharma lodged a First Information Report against the applicant and one Dr. Veena Agarwal with the allegations that on 15.8.1996, his two children namely, Dikshant Sharma and Vishal Sharma were born at Singhal Nursing Home, Muzaffar Nagar. They were not healthy therefore he admitted them in ''Kumar Child Care Center at Muzafffar Nagar. It has also been stated that his son Vishal Sharma was complained of Pneumonia, due to which, blood was directed to be transfused and he brought the same Dr. Veena Agarwal Pathology Lab and Blood Bank. Thereafter blood transfusion was taken place, again on 10.7.2004 blood transfusion was done after making demand in writing from
Medical Negligence – Just Compensation - To award just and fair compensation, Courts have to consider several points like the actual expenses for the medical treatment, travel and emotional suffering....
The court reaffirmed the necessity for strict adherence to blood transfusion regulations to prevent medical negligence while addressing HIV transmission risks.
Medical negligence – Principle of res ipsa loquitur can be invoked.
The absence of actual organ transplantation is essential to establish guilt under the Transplantation of Human Organs and Tissues Act; mere allegations without prima facie evidence cannot sustain cri....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
