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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Manju Rani Chauhan,J.
Neeraj Kumar – Appellant
Versus
State of U.P. – Respondent
1. Mr. G.S. Chaturvedi, learned Senior Counsel assisted by Mr. Vishal Kashyap and Mr. Shekhar Chaudhary, learned counsels appeared to represent the applicants, Mr. Anuruddha Chaturvedi and Mr. Dinesh Kumar Sharma, learned counsels appeared for the opposite party no.2 and Mr. Amit Singh Chauhan, learned AGA-I for the State. Perused the record.
2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet No.593 of 2023, dated 25.08.2023 and cognizance/summoning order dated 19.09.2023 as well as the entire proceedings of Criminal Case No.7991 of 2023 (State vs. Dr. Neeraj Kumar), arising out of Case Crime No.376 of 2023, under Sections 304 IPC, Police Station-Khurja Nagar, District-Bulandshahar, pending before the court of Chief Judicial Magistrate, Bulandshahar.
3. Earlier on 27.10.2023, the present application under Section 482 CrPC was disposed of, wherein a direction was given to the applicant to surrender before the court concerned within a period of one month from that date and apply for bail, which was to be decided expeditiously by the court below, in accordance with law.
4. It appears that the applicant filed anticipatory bail application No.1431 of 2024 in wh
Criminal liability for medical negligence requires proof of gross negligence; mere errors in judgment do not suffice for prosecution under IPC.
To establish criminal negligence against medical professionals, evidence of gross negligence is essential. Mere errors in judgment are insufficient for prosecution.
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.
For criminal liability under Section 304-A IPC, gross negligence or recklessness must be established, along with a violation of duty by the medical professional, necessitating a trial.
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....
A negative final report does not bar further investigation and prosecution in cases of medical negligence requires substantial expert evidence.
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