JUDGMENT

A. MUHAMED MUSTAQUE, J.

The negligence of a doctor for criminal prosecution always has been a vexed issue for everyone including victim, complainant, prosecution agency etc.

2. Pursuant to an apex court judgment inJacob Mathew v.State of Punjab & Another [ AIR 2005 SC 3180 ], a procedure has been set in as part of criminal investigation to rely on expert opinion for launching criminal prosecution. Pursuant to the direction inJacob Mathew (supra), the State of Kerala issued a circular on 16.06.2008. As per the circular, two types of Body have been constituted; one, at the first level, is the Expert Panel with four members, and the second is the Apex Body. The Apex Body, in normal circumstances, would have role only if there are different views in the Expert Panel.

3. The problem arisen in this case before us is consequent upon the death of a 22-year-old medical student, Ms.Shamna Thesneem, who claims to have been died on administering Ceftriaxone injection. She was a student of the Government Medical College, Ernakulam, where she was admitted with complaints of fever and fatigue. She was asthmatic. Her father raised a complaint of medical negligence. This was referred to the Ex