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ANJANI KUMAR MISHRA, NAND PRABHA SHUKLA
B. K. Yadav @ Biplav Kumar Yadav – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Nand Prabha Shukla, J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
2. The writ petition seeks quashing of the F.I.R. dated 03.07.2020 giving rise to Case Crime No.33 of 2020, under Section 304 I.P.C., Police Station- Lalpur Pandeypur, District Varanasi.
3. The allegations against the petitioner is that the petitioner is the Care taker of the Medicity Neuro & Critical Care Hospital, Varanasi, who diagnosed the informant's son suffering from Hernia and advised surgery. The informant deposited a sum of Rs. 48,000/- for the treatment. However, due to negligence on the part of the doctors who without seeking the written consent from the parents/natural guardian operated the child, who died during treatment.
4. The main contention raised by learned counsel for the petitioner is that the petitioner did not operate the informant's son and is merely the Care taker of the aforesaid hospital. The petitioner has been falsely implicated for ulterior purposes. The counsel for the petitioner to support his submissions has relied the judgment and order passed in Dr. P. Kumar VS. State of U.P. And Another reported in 2016 Vol. 0, Supreme C
Cognizance of medical negligence cannot proceed without prima facie expert opinion as per established legal standards, emphasizing the need for significant evidence to substantiate claims of gross ne....
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.
Criminal negligence requires substantial proof of gross negligence; mere allegations do not suffice for prosecution under IPC, particularly in medical cases.
Competent medical opinion is necessary in cases of medical negligence, and the court emphasized the need for care and caution in the interest of society when prosecuting doctors for offenses of crimi....
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