IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on :12.12.2025 Judgment pronounced on :19.01.2026 + CRL.M.C. 2358/2010 & CRL.M.A. 10046/2011 SANJEEVAN MEDICAL RESEARCH CENTRE.....Petitioner versus STATE & ANR .....Respondents Advocates who appeared in this case:

For the Applicant : Mr. Gaurave Bhargava, Adv.

For the Respondent : Mr. Hitesh Vali, APP for the State Mr. S.D. Singh, Mr. K. Prasad, Ms. Shweta Sinha & Mr. Siddharth Singh, Advs.

CORAM HON’BLE MR JUSTICE AMIT MAHAJAN

JUDGMENT

1. The present Application bearing CRL.M.A. No. 10046/2011 has been filed by the Applicants (who are Respondent Nos. 2/ Dr. D.K. Satsangi and Respondent No. 3/Mrs. Poonam Satsangi in Crl. M.C. 2358/2010 i.e. the original complainants) seeking recall/review of the impugned judgment dated 11.02.2011 passed by this Court in Crl.

M.C. 2358/2010.

2. Vide the impugned Judgment dated 11.02.2011, this Court, in exercise of its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’), had allowed the Crl. M.C.

2358/2010 filed by the Non-Applicants/Petitioners and quashed the criminal complaint instituted by the Applicants/Respondents, alleging that their son/Rahul Satsangi had died due to medical negligence while being treated at Petitioner No. 1/Sanjeevan Medical Research Centre, Darya Ganj.

3. Succinctly stated, a complaint was preferred by the Applicants/Complainants under section 156(3) of the CrPC. After taking cognizance, considering that the allegations pertained to death of their Son/Rahul Satsangi allegedly caused by medical negligence of the accused doctors working with Petitioner No. 1 and due to administration of antibiotics namely – azithromycin and levofloxacin which caused a drug-allergic reaction leading to his death, the learned MM directed the Director of All India Institute of Medical Sciences (‘AIIMS’), to constitute a Medical Board comprising of doctors specialized in the field to examine the matter and render its opinion on whether the death of the Applicants’ son was attributable to negligence on the part of the treating doctors.

4. However, before any opinion could be rendered by the Medical Board constituted by AIIMS pursuant to the aforesaid direction, the accused/Non-Applicants approached this Court under Section 482 of the CrPC, assailing the order of cognizance dated 04.06.2010 by way of the above Crl. M.C. No. 2358/2010.

5. It also transpires that parallelly, the Applicants/Respondents had approached the learned National Consumer Disputes Redressal Commission (‘NCDRC’) with similar allegations seeking compensation, whereby, vide order dated 30.09.2010, the learned NCDRC had also directed the Director, AIIMS, to constitute a multi- disciplinary Board of Doctors to furnish a prima facie opinion regarding the alleged medical negligence.

6. Undisputedly, the Medical Board of AIIMS, comprising of 7 expert members, upon examination, submitted its report dated 26.10.2010, opining that there was no material to suggest any gross negligence on the part of the treating doctors or the hospital. The relevant extract is reproduced as under: -

“xxx xxx xxx Following the deposition of Dr. Prem Aggrawal, the board members carried forward the deliberations on this matter and from the available facts, medical records, etc. concluded as follows:

 Late Mr. Rahul Satsangi was suffering from Duchenne muscular Dystrophy  No documented medical evidence in the form of previous medical reports especially echocardiography report, past medical records, etc is available to the board members to know about the pre morbid cardio- respiratory status of late Mr. Rahul Satsangi as according to the complainant Dr. D K Satsangi, they have been lost during the course of shifting of their house.

 The X-Ray chest of late Mr. Rahul Satsangi is indicative of a patch of opacity and after clinical correlation with case presentation, the presenting condition of Late Mr. Rahul Satsangi warranted treatment on the lines of pneumonitis.

