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CALCUTTA HIGH COURT
Bibhas Ranjan De, J
Dr. Raktimava Sarkar – Appellant
Versus
The State of West Bengal & Anr. – Respondent
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| 1. allegations of negligence against the petitioner were not substantiated in the complaint. (Para 5 , 6) |
| 2. required protocols for establishing negligence were not followed. (Para 7 , 8) |
| 3. lack of independent medical opinion prior to the fir prompted the quashing of proceedings. (Para 10 , 12 , 14) |
| 4. court emphasized protection against misuse of criminal charges against medical professionals. (Para 15 , 16) |
1. Affidavit of service filed in Court today is taken on record. Opposite party no.2 is also served through email by the petitioner. 2. From a report filed on behalf of the State on 18th July 2024, it appears that the opposite party no.2 was served through email at Mumbai where he was then residing.
3. In spite of service, none appears on behalf of the opposite party no.2.
4. This revisional application has been filed with a prayer for quashing the proceedings in connection with GR Case No.4518 of 2018 corresponding to Baguiati Police Station Case No.42 of 2018 dated 5th February, 2018 under Section 304A of the Indian Penal Code .
5. The de facto complainant/opposite party no.2 herein lodged a complaint before the Inspector-in-Charge of Baguiati Police Station on
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