ORDER

1. Case diary is available.

2. This application under Section 482 of Cr.P.C. has been filed seeking the following reliefs :--

(i) To allow this application.

(ii) To quash the FIR registered against the applicant at Police Station Kotwali, District Katni in Crime No. 818/2019 for offence under Section 338 of IPC.

(iii) To quash the criminal case pending before the Chief Judicial Magistrate, Katni in Criminal case RCT No. 86/2020, against the applicant, in the interest of justice.

3. It is submitted by counsel for the State that the Police after completing the investigation has filed charge sheet. Even the copy of charge sheet has been placed on record.

4. Notices to the complainant by RAD mode were sent. However, the service report has not been returned back. Thus, in the light of provisions of Section 27 of the General Clauses Act and Rule 11(1), Chapter XV of the High Court Rules, Respondent No. 2 is treated to be deemed served.

5. It is the case of the applicant that respondent no. 2 lodged an FIR against the applicant on the allegations that he had stomach pain and he went to Dharmlok Hospital for treatment on 21.4.2019. He was treated by Dr. Rajesh Batra (applicant) who informed that there is a stone which is required to be removed and operation expenses of Rs.27,000/- apart from other expenses were informed. The amount was deposited by respondent No. 2 and respondent No. 2 was operated upon by the applicant on 23.4.2019. During his treatment by adopting a wrong method of medical treatment, an injection was given on his right leg. On 28.4.2019 when he reached home, he released that his right leg was senseless and accordingly, he immediately went back to Dharmlok Hospital on 28.4.2019 where he was kept hospitalized for two days and thereafter, he was referred to Nagpur where he remained hospitalized from 1.5.2019 to 3.5.2019. He was treated in the said hospital and he was required to spend Rs.1 lac for treatment. Again on 3.5.2019 he was referred back to Dharmlok Hospital, Katni and he remained hospitalized in Dharmlok Hospital, Katni from 3.5.2019 to 6.5.2019. However, as his condition did not improve, therefore, he remained hospitalized in Netaji Subhash Chandra Bose Government Medical College, Jabalpur from 6.5.2019 to 20.5.2019 where his right leg was amputated on account of improper treatment given to him in Dharmlok Hospital. Accordingly, it was alleged that on account of improper treatment given by the applicant, his right leg was amputated and his life has spoiled and accordingly, a prayer was made that action be taken against the applicant.

6. On the basis of the said complaint, FIR in Crime No. 818/2019 was registered at Police Station Kotwali, District Katni.

7. Challenging the FIR, a solitary contention has been raised by counsel for the applicant that the police had not obtained report from the expert committee and, therefore, the registration of an FIR on the ground of medical negligence is bad in law.

8. Per contra, the application is vehemently opposed by counsel for the State. It is submitted that the complainant had suffered amputation of his right leg on account of medical negligence of the applicant; therefore, the FIR has been registered.

9. Heard learned counsel for the parties.

10. Moot question for consideration is as to whether the Police can conduct an investigation into the alleged medical negligence of the doctor or not.

11. The question involved in the present case is no more res integra.

12. The Supreme Court in the case of Jacob Mathew v. State of Punjab reported in (2005) 6 SCC 1 has held as under :--

“48. We sum up our conclusions as under :--

(1) Negligence is the breach of a duty caused by omission to do something which a reasonable man guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do. The definition of negligence as given in Law of Torts, Ratanlal & Dhirajlal (edited