ORDER

This Criminal Miscellaneous Case is filed to quash the proceedings in C.C.No.522/2015 on the file of the Judicial First Class Magistrate Court-I, Thamarassery arising from Crime No.280/2013 of the Koduvally Police Station, Kozhikode. The above case is charge-sheeted against the petitioner alleging offence punishable under Section 304A IPC.

2. The petitioner is a Gynecologist. The above case is charge-sheeted on accusation that the patient by name Ramla Anwar admitted for delivery in Santhi Hospital was under care and treatment of the petitioner and the injection Aculav I.V.1.2 g was administered under his instruction intravenously and without giving test dose and as result of which the baby died after delivery due to asphyxia. According to the petitioner, he was working as Resident Medical Officer of Santhi Hospital and Smt. Ramla Anwar was the patient of Dr.Siva Moorthy of the said hospital and all treatments were given under his instruction and direction. The petitioner never gave instruction to administer injection Aculav I.V.1.2 and the same was not given intravenously. It is also submitted that, though postmortem was advised, the father of the baby was not willing for the same. It is submitted that, as part of the investigation, the case was referred to Expert Panel headed by Additional Medical Officer of Health, Kozhikode who found that there is negligence on the part of the petitioner. It is submitted that the petitioner challenged the same by approaching the State Level Apex Body. Without waiting for the report of the State Level Apex Body, a prosecution was initiated is the grievance. Hence this Criminal Miscellaneous Case.

3. Heard counsel for the petitioner and the Public Prosecutor.

4. When this Criminal Miscellaneous Case came up for consideration, this Court directed the Public Prosecutor to find out whether the State Level Apex Body submitted any report in this case. The Public Prosecutor made available the report of the State Level Apex Body. The same is extracted hereunder:

‘Smt.Ramla Anwar was admitted on

19.06.2013 at Santhi Hospital, Mukkom Kozhikkode for delivery. At the time of admission, all the vital signs of the patient were normal. At 7.30pm on 20.06.2013, the patient shifted to Labour room while the patient having pain and contraction with leaking PV, pitocin drip started at 7.35pm. At 7.50pm, the patient had rashes all over the body. Dr.Saroj seen the patient, Inj.Hydrocortizone and Inj.Dexona are given. Pitocin drip stopped. At 7.45pm. Accuclav full dose not given. At 8.50pm, the patient became restless. BP was 110/70mmg Hg. Dr.Saroj PV done, Cervics fully dilated and later the patient become normal and delivered an alive female baby with weight 3.56kg at 9pm on 20.06.2013. But, baby did not cried immediately. At 9.04pm, Dr.Rajan gave bag and mask, ventilation, incubated and Inj.Adrenalin 03g given.

Later death declared by Dr.Rajan at 9.30pm.

Documents Perused The State Level Apex Body examined the following documents. 1. Case sheet

2. Report of district level expert panel

3. Expert Opinion from the OBG Dept Medical College Trivandrum Medical Analysis Mrs. Ramla Anwar was admitted on

19/06/2013 of Santhi Hospital, Mukkom for delivery. She is gravid 4. Her EDD was 19/06/2013. EDD by USG was 23/06/2013. She had three previous normal deliveries. She had no other health problems. On 20/06/2013 she had spontaneous onset of labour pains. On 20/06/2023, at 7.00 P.M fetal heart and fetal movements were recorded as normal in the doctor's orders- sheet. At 8 P.M on 20/06/2013 she was 4cm dilated and the fetal heart was normal.

As per the uterine contraction monitoring chart, she had mild contraction and pulse rate and fetal heart were recorded which was normal At 7.35 PM, pulse was 76/mt, BP was 110/70 mHg, contraction mild and fetal heart normal.

At 9 P.M delivered an asphyxiated female baby weighing 3.56 Kg.. Baby could not be resuscitated and died at 9.30 P.M Following delivery, Smt.Ramla Anwar developed seve