Criminal liability for medical negligence requires proof of gross negligence, which exceeds mere errors in medical judgment. Delays without direct causation to patient death do not warrant criminal prosecution.

1. The petitioner herein is an interventional Cardiologist and on the date of occurrence was working as Senior Consultant in the Apollo Hospital, Bilaspur, while facing criminal prosecution for commission of offences punishable under S.304 - A, 468 & 201 of the Indian Penal Code , has invoked the inherent jurisdiction of this Court under S.482 of the Code of Criminal Procedure (henceforth 'Cr.P.C.') for quashment of charge - sheet and criminal prosecution initiated against him for the above - stated offences.

2. The essential facts, as unfolded by the prosecution, to find out whether petitioner is entitled to the relief claimed in the criminal miscellaneous petition are as under: -
(2.1) The State of Chhattisgarh through Station House Officer, Police Station Sarkanda submitted a charge sheet under S.173 of the Cr.P.C. against the petitioner herein for commission of offences under S.304 - A, 468 & 201 of the Indian Penal Code before the jurisdictional criminal court stating inter alia that shri. Ashok Pingle, the then Mayor of Municipal Corporation, Bilaspur was admitted in the Apollo Hospital, Bilaspur on 02.08.2008 for treatment of pain in chest. The petitioner being a Senior Consultant of said Hospital after examination found that shri. Pingle was suffering from Non - ST segment elevation myocardial infarction i.e. a heart disorder and suspecting heart attack, subjected him to angiography and based on the angiographic finding, clinical conditions and further investigation reports, angioplasty was also performed on patient shri. Pingle and his blocks in the arteries of the heart was treated and, thereafter, post angioplasty due medical care and attention was provided but thereafter the petitioner did not take adequate and proper precaution about his frequent complaint of fever resulting in deterioration of his health condition and, ultimately, he became serious on 11.08.2008. When the health condition of patient shri. Ashok Pingle started deteriorating, attending staff nurses gave intimation to the petitioner at about 3.00 p.m. on 11.08.2008 for attending the patient but the petitioner did not attend shri. Pingle promptly and diligently and attended only at 5.00 pm in the evening and he was subjected to unsuccessful second angioplasty however he died on 11.08.2008 at 9.02 p.m., but his death was suppressed and he was declared dead on 12.08.2008 at 3.50 a.m. and forged death certificate was issued to the family members of shri. Ashok Pingle and, as such, there is a rash and negligent act in treating the patient shri. Ashok Pingle by the petitioner and death of shri. Pingle was suppressed and forged death certificate was issued and, thereby, petitioner committed the aforesaid offences.

3. The petitioner herein has filed this petition under S.482 of the Cr.P.C. for quashing of charge sheet stating inter alia that he is a well qualified interventional Cardiologist and while working as Senior Consultant in the Apollo Hospital, he performed angiography and thereafter, angioplasty to the patient (shri. Ashok Pingle) on 02.08.2008 and he planned to discharge him on 06.08.2008 but on account of fever, discharge was withheld. It has further been averred that being a qualified Cardiologist, he decided to adopt invasive line of treatment to shri. Ashok Pingle looking to his condition prevailing at the time of admission and took proper care to treat shri. Pingle but on account of stent thrombosis he died on 11.08.2008. Thereafter the Enquiry Committee consisting of Dr. R. R. Tiwari, Superintendent, CIMS, Bilaspur, Dr. U.S. Paikra, Professor (Medicines), Govt. Medical College, Jagdalpur & Dr. G.B. Gupta, Profe