Kanti Lahariya vs Dinesh Kumar Sharma

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(MP) 82

G. S. AHLUWALIA
Kanti Lahariya – Appellant
Versus
Dinesh Kumar Sharma – Respondent

Advocates:
Vijay Dutta Sharma for applicants; Respondent No. 1 in person;
Mohit Shivhare, Public Prosecutor for respondent No. 2/State.

ORDER

1. This application, under section 528 of B.N.S.S., 2023, has been filed against order dated 28.3.2025 passed by IX Additional Sessions Judge, Gwalior (M.P.) in Criminal Revision No.83/2025 as well as order dated 19.2.2025 passed by JMFC, Gwalior in Unregistered Complaint Case No.0/2024.

2. It is the case of respondent No.1 that on 1.1.2024 he brought his daughter-in-law, who was due for delivery, to the clinic of Dr. Kanti Lahariya. She was admitted in the Sarvodaya Hospital, Gwalior on 1.1.2024 on the advice of Dr. Kanti Lahariya. Initially, Super Deluxe Room No.4 was allotted to her but later on she was shifted to Super Delux Room No.2. Daughter-in-law of respondent No.1 remained hospitalized from 1.1.2024 to 3.1.2024 and the cesarean operation was performed by the applicants on 2.1.2024 and it is alleged that on account of negligence of Dr. Kanti Lahariya and Dr. Prashant Lahariya and their associate doctors, wrong treatment was given. On 2.1.2024, plasma was transfused in an incorrect manner. The plasma was given at about 05:05 pm and first unit was transfused within a period of ten minutes. When a query was made by complainant, then he was informed by Dr. Kanti Lahariya