2026:CGHC:7007-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1463 of 2024 Dr. S. G. Ghatge S/o Gajanand Rao Ghatge Aged About 79 Years R/o Ward No. 5 Balram Talkies Ke Pass Nehru Nagar, Police Station Civil Line District Bilaspur (C.G.)

... Petitioner versus

1 - State Of Chhattisgarh Through Police Station Tarbahar, District Bilaspur (C.G.)

2 - Kishore Jambulkar Sanjay Nagar, Talapara, Police Station Civil Lines, District Bilaspur (C.G.)

... Respondents (Cause title taken from Case Information System)

For Petitioner : Ms. Sangeeta Mishra, Advocate For Respondent/State : Mr. S. S. Baghel, Govt. Advocate For Respondent No. 2 : Mr. H.A.P.S. Bhatia, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Ravindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha, Chief Justice

09 / 02/2026 VED 1. At the very outset, learned counsel for Respondent No. 2 submits that PRAKASH DEWANGAN although time was granted to file a reply, his client has not been VED PRAKASH DEWANGAN responding, and therefore the reply could not be filed. However, as Date: 2026.02.11 20:03:03 +0530 Respondent No. 2 is duly represented through his counsel, Mr. H.A.P.S. Bhatia, Advocate, service of notice upon him is deemed sufficient. Accordingly, the matter is taken up for final hearing.

2. This petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, Dr. S. G. Ghatge, aged about 79 years, who was working as the Head of Bilasa Blood Bank, Bilaspur, seeking quashment of the entire charge-sheet arising out of Crime No. 5/2017 registered at Police Station Tarbahar, District Bilaspur, and further seeking quashment of all consequential proceedings of Criminal Case No. 373/2017 pending before the Court of Judicial Magistrate First Class, Bilaspur, for the alleged offence punishable under Section 304-A read with Section 34 of the Indian Penal Code. The prosecution case, in brief, arises out of a complaint lodged by respondent No.2 alleging medical negligence in the treatment of his wife, late Smt. Payal Jambulkar, who expired on 14.04.2016, wherein the present petitioner has been arrayed as an accused along with other co- accused on the allegation that wrong blood was transfused to the deceased, leading to her death.

3. The present petition has been filed by the petitioner seeking for the following reliefs:-

“(i) It is, respectfully prayed that the entire records pertaining to the case of the petitioner may kindly be called from the Court of Judicial Magistrate, 1st Class, Bilaspur, District - Bilaspur (C.G.).

(ii) It is respectfully prayed before this Hon'ble Court that the First Information Report bearing Crime No. 5/2017, registered at Police Station Tarbahar, District Bilaspur and the charge sheet filed against the petitioner for quashment of Criminal Case No. 373/2017 pending before the Court of Judicial Magistrate, 1" Class, Bilaspur, District - Bilaspur (C.G.) may kindly be set-aside.

(iii) Any other relief/ relief's which this Hon'ble Court may thing fit and proper in the facts and circumstances of the case with cost of the petition may also please be granted to the petitioner.”

4. The facts of the case as emerges from the pleadings of the petition are that, the respondent No.2 lodged a complaint before Police Station Tarbahar, District Bilaspur alleging that his wife, late Smt. Payal Jambulkar, expired on 14.04.2016 due to alleged medical negligence committed during her treatment at Mariya Sahay Hospital, Tarbahar, Bilaspur. It was alleged that during the course of treatment, wrong blood was transfused to the deceased, which ultimately resulted in her death. It is not in dispute that no post-mortem examination was conducted after the death of the deceased and the complaint was lodged after a considerable lapse of time.

5. On the basis of the said complaint, Crime No. 5/2017 was registered for the offence punishable under Section 304-A read with Section 34 of the Indian Penal Code against four persons, namely Dr