IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 17391 of 2016 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE ILESH J. VORA Sd/-

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1 Whether Reporters of Local Papers may be allowed Yes

1	Whether Reporters of Local Papers may be allowed to see the judgment ?	Yes
2	To be referred to the Reporter or not ?	Yes
3	Whether their Lordships wish to see the fair copy of the judgment ?	No
4	Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?	No

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NIDHI TRIBHOVANBHAI PATEL Versus STATE OF GUJARAT & 1 other(s)

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Appearance:

MR DAKSHESH MEHTA(2430) for the Applicant(s) No. 1 MR. RUSHANG D MEHTA(6989) for the Applicant(s) No. 1 MR MANOJ SHRIMALI(2331) for the Respondent(s) No. 2 MS VRUNDA SHAH, APP for the Respondent(s) No. 1 ================================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA Date : 01/03/2023

ORAL JUDGMENT

1. Rule returnable forthwith. Learned Additional Public Prosecutor waives service of rule for the respondent-

State.

2. By way of this application filed under Section 482 of Criminal Procedure Code, 1973, the applicant herein seeks to invoke inherent powers of this Court, praying quashment of the FIR being C.R. No. I-231 of 2013 registered with Visnagar Police Station, Dist: Mahesana for the offences punishable under Section 304A of the Indian Penal Code.

3. Facts and circumstances giving rise to file present application are that, this is a case of medical negligence where the applicant being a qualified gynecologist has been charged with Section 304A of the Indian Penal Code. As per the prosecution case, deceased Sonalben – daughter-in-law of the complainant with the history of bleeding and pain over abdomen having two months pregnancy, came at the private nursing home at Visnagar, where the applicant herein was rendering her services in gynec department. She was admitted on 31.08.2013 and after sonography, it was revealed that the case is of miscarriage as there was a product of conception in Uterus. The patient Sonalben and her family members advised the minor surgical procedure, called as “Dilation and Curettage”, popularly known as “D&E”, which is a procedure in which material from the inside of uterus is removed. Pursuant to the consent of the patient, the applicant – Dr.Nidhi Patel under the guidance of senior doctors, Dr.Mahesh Gandhi and Dr. Jagrut, after following the protocols as well as body vitals of the patient, performed the procedure of “D & E”. Before conducting the procedure, the hemoglobin level of the patient was very low and other vitals were normal and therefore, two bottles blood infused in the body of the patient. She was given sedation before the procedure and after taking care of necessary protocols, by using Manual Vacuum Aspiration (MVA), without any complication, the procedure was successful. After the procedure again body vitals of the patient became normal. The bleeding was also stopped. In the evening, when Dr.Mahesh Gandhi was on round, after examination of the patient, he found that, the patient is stable and accordingly, she was discharged and advised to revisit on 02.09.2013 for further follow-up. She came on 02.09.2013 at 8:45 a.m. with the complaint of vomiting and gastritis problem. Her body vitals were normal. She was advised for sonography and the result was normal, but, in the stomach, free fluid found and accordingly, she was advised to take prescribed medicines by Dr.Mahesh Gandhi and if need so arise, he recommended to take expert surgeon opinion. On 02.09.2013 to 05.09.2013, the body vitals like B.P., Pulse and other laboratory reports were normal and she was put under observation and lastly, she was discharged on request and on 10.09.

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