Reserved On : 30/06/2025 Pronounced On : 18/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 3205 of 2021 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE J. C. DOSHI ==========================================================

Approved for Reporting Yes No ✔

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MILAN H AGRAVAT Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. ARCHIT P JANI(7304) for the Applicant(s) No. 1 MS POONAM M MAHETA(11265) for the Applicant(s) No. 1 MALAY S PATEL(8901) for the Respondent(s) No. 2 MR. TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

CAV JUDGMENT

1. Rule. Learned advocate for respondents waives service of Rule for the respondent-State.

2. By way of the present petition filed under Article 226 of the Constitution of India, the petitioner seeks to quash the impugned Criminal Complaint being 11198053210154 of 2021, registered with Talaja Police Station, for offences punishable under Section

304(A) of the Indian Penal Code (IPC).

3. BRIEF FACTS OF THE CASE ARE AS UNDER:-

3.1. The petitioner, a qualified medical practitioner holding an M.D. (Obstetrics & Gynaecology) degree, is running a 13-bed hospital under the name “Chiranjeevi Hospital” at Talaja, District Bhavnagar, equipped with requisite infrastructure and facilities. On 14.03.2020, the complainant admitted his wife, Nitaben, to the petitioner’s hospital for the delivery of her second child. In view of post-datism and absence of labour pains, medical induction was initiated after obtaining due consent from the complainant and her relatives. Around 9:00 p.m., the patient developed complications, including vomiting and breathlessness, followed by excessive vaginal bleeding. In light of suspected uterine rupture—a known life-threatening obstetric complication—the petitioner, after further informing the complainant and obtaining formal consent, performed a caesarean section to attempt to save the mother and child. Unfortunately, the baby could not be survived due to complications, and due to non-availability of blood bottles locally, the patient was referred to a higher medical centre at Bhavnagar. Despite the petitioner arranging for ambulance transfer, the patient ultimately succumbed.

3.2. Nearly a year later, on 08.03.2021, an FIR bearing C.R. No. 11980532101540 of 2021 came to be lodged with Talaja Police Station under Section 304A of the Indian Penal Code, alleging medical negligence in the treatment of the deceased patient and her newborn. The complaint was allegedly supported by an expert committee report referring to lack of emergency preparedness and infrastructure at the hospital. Attributing, culpable negligence for death of deceased Nitaben, aforesaid FIR filed under Section 304(A) of the Indian Penal Code. The petitioner, however, contends that the FIR is baseless, false, and lodged after an inordinate delay without any cogent medical or legal basis. It is further submitted that the case is squarely covered by the principles laid down by the Hon’ble Supreme Court in Jacob Mathew v. State of Punjab, (2005) 6 SCC 1, and by this Court in Surendrabhai Ramjibhai Patel v. State of Gujarat, 2018 (2) GLR 1746, requiring prior expert opinion before proceeding against a medical professional under criminal law. On these grounds, the petitioner seeks quashment of the FIR invoking the inherent powers of this Hon’ble Court under Section 482 of the CrPC.

4. SUBMISSION OF THE PETITIONER:-

4.1. Learned Senior Advocate Mr. P.K. Jani, assisted by learned Advocate Mr. Archit P. Jani, appearing for the petitioner, submitted that the petitioner is a certified gynecologist duly authorized to perform caesarean section (C-section) procedures. It is submitted that there was no element of culpable negligence on the part of the petitioner. While the demise of the