IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.11923 OF 2025 DATE: 08-01-2026 Between:

Sri V. Ramalingam … Petitioner And The State of Telangana, Through S.H.O., Chadarghat, Rep. by its Public Prosecutor, High Court of Telangana, Hyderabad and another ... Respondents

ORDER

This Criminal Petition is filed by the petitioner-accused No.4 seeking to quash the proceedings against him in C.C.No.3799 of 2023 on the file of learned VIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, registered for the offence under Section 304A I.P.C.

2. Heard Sri Chandrasekhar Reddy Gopireddy, learned counsel for the petitioner, Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1-State and Sri K. Madhu Babu, learned counsel for respondent No.2.

3. The case of prosecution is that the victim died due to medical negligence and that the petitioner is one of the Doctors who treated the victim without taking proper care and caution.

4. Learned counsel for the petitioner submitted that the petitioner is facing false allegations under Section 304A I.P.C. He further submitted that the petitioner is a retired Government Doctor. He is facing much hardship to attend the proceedings. He further submitted that there is no negligence on part of the petitioner in the death of the alleged victim and that he is only an Anesthesian and he has performed his duty as per the norms. Attributing medical negligence to the duties of the petitioner is not just and proper and that continuation of proceedings against the petitioner would be an abuse of process of law. He further submitted that even as per the contents of the complaint, the death of the victim has occurred due to the alleged act of administering saline improperly by the duty nurse and no negligence can be attributed to the petitioner herein. He, therefore, prayed to quash the proceedings in the present crime against the petitioner herein. The learned counsel, in support of his submissions, has relied upon the judgment of the Honourable Supreme Court in Jacob Mathew v. State of Punjab and another, (2005) 6 SCC 1

5. Learned Additional Public Prosecutor submitted that the prosecution could collect ample evidence to prove the negligence on the part of the petitioner herein resulting in the death of the victim. He, therefore, prayed to dismiss the Criminal Petition.

6. Perused the record.

7. It is the case of the de facto complainant that he is the father of the victim. On 06.09.2015, his daughter Sahiti suffered pain in her chest, due to which they have taken her to Mullapudi Nagarjuna Area Hospital, Malakpet, and was admitted. During the course of treatment, a surgery was performed on her to remove the tumour, which was detected in her left breast. After the surgery, the victim was shifted to the ward and later, she gained consciousness and has spoken to her parents. On the same night, when she was given saline, she started shivering and the saline was removed. On the next day, again the same saline was given and she went into unconscious stage. The duty Doctor came and informed that his daughter expired. As per the report

given by Dr. Deendayal, Professor and HOD, Osmania General Hospital, Hyderabad, the pre-anesthesia examination was done on 25.07.2015 and found her fit, but no pre-anesthetic check-up notes was present on the day before and on the day of surgery. As per the report, the hospital administration failed to provide post operative medical care and supervision. Thus, the allegations do point out the offence under Section 304A I.P.C. as against the petitioner herein.

8. In Jacob Mathew’s case (supra), the victim therein expired due to non-availability of oxygen cylinder and the Honourable Apex Court has quashed the proceedings against the appellant therein on the ground that non-availability of oxygen cylinder cannot be attributed to the petitioner and that the hospital may be liable and t