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997 WP-1474-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL WRIT PETITION NO.1474 OF 2018

RAMPRASAD S/O. DIGAMBAR THORAT

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

Advocate for the Petitioner : Mr. P. N. Ghadge

APP for Respondent/State : Mr. S.J. Salgare

...

CORAM : C. V. BHADANG &

BHARAT P. DESHPANDE, JJ.

DATE : 8 JUNE 2022.

P. C.

By this petition under Article 226 of the Constitution of India, the

Petitioner, who is the father of minor Rohit Thorat, is seeking following

substantive reliefs :

(i)

By writ of mandamus or any other appropriate writ

order or direction in the like nature, may kindly issued

direction against the respondent No.1 to 4 to decide the

application dated 31.05.2017 and take action as per the

provision of law.

(ii)

By writ of mandamus or any other appropriate writ

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order or direction in the like nature, the respondent No.2 and

3 may kindly be directed to register the FIR against the

doctors at Exh. F as per the provisions of law.

(iii)

By writ of mandamus or any other appropriate writ

order or direction in the like nature, the respondent No.4 be

directed to conduct the postmortem of the deceased Rohit.

2.

It so happened that on 11.04.2017, minor Rohit purchased a cold

drink from grocery shop of one Santosh Sanap at Village Wadhav and

after consumption of the same, Rohit complained of vomiting and loose

motion. As it was suspected that there was food poisoning on account

of consumption of the said cold drink, Rohit was initially taken to

Gajanan Hospital at Risod and thereafter at Multi Speciality Hospital at

Mehkar. He was thereafter shifted to MGM Hospital and finally to the

Government Hospital (better known as Ghati Hospital) at Aurangabad,

where he was admitted at about on 16.04.2017.

3.

According to the Petitioner, although the doctors, who were

treating Rohit, were informed about the possibility of food poisoning,

proper treatment was not administered to Rohit and there was medical

negligence in treatment and management of Rohit, as a result of which,

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Rohit expired on 20.04.2017. The dead body was handed over to the

Petitioner and the same was buried on the same day at 08:30 pm.

4.

The Petitioner addressed a communication dated 31.05.2017 to

the Police Inspector, Police Station Begumpura, Aurangabad City for

initiating action against Santosh Sanap, the owner of grocery shop, as

also for taking action against the concerned Medical Officers for the

negligence in the treatment of Rohit. As no action was taken, the

Petitioner has approached this Court for the aforesaid reliefs.

5.

We have heard the learned Counsel for the Petitioner and the

learned APP. With the assistance of the learned Counsel for the parties,

we have gone through the record.

6.

It is submitted by the learned Counsel for the Petitioner that in

spite of the fact that the concerned Medical Officers were informed

about the possibility of food poisoning, no proper treatment was

administered to Rohit. He submitted that the death of Rohit, is

outcome of the gross medical negligence of the concerned Medical

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Officers in treatment of his son Rohit. The learned Counsel for the

purpose has referred to certain medical papers which are produced on

record. The learned Counsel also made a request for a direction to

exhume the dead body of Rohit for conduction of postmortem report, in

order to ascertain the cause of death, which in the submission of the

learned Counsel, is necessary to decide on the issue of medical

negligence.

7.

The learned APP referring to the affidavit-in-reply, has pointed out

that the matter was referred to a Medical Board and the members of

the Medical Board as per the report dated 7.03.2018 (at Page No. 77 of

the compilation) has found that there was no negligence in the

treatment of Rohit. In