Case Note & Summary
The applicants, Dr. Ashok Saklecha and Dr. Sarika Saklecha, medical practitioners, filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 129/2018 registered at Police Station Dattapur, District Amravati for an offence punishable under Section 304 read with Section 34 of the Indian Penal Code, 1860. The FIR was lodged by respondent No.2, Kisan Hemane, alleging that his deceased son Sagar was treated by the applicants on 21.05.2017 and 23.05.2017 for cough, cold, fever, and chest pain, and that the improper treatment resulted in his death on 25.05.2017. The complaint alleged gross negligence as the cause of death. The applicants argued that no offence under Section 304 IPC was made out, and relied on a report dated 11.07.2018 from the District Civil Surgeon, General Hospital, Amravati stating there was no negligence on their part. The State relied on an earlier report dated 28.06.2018 that allegedly indicted the applicants. The court examined the allegations and the reports, noting that the later report exonerated the applicants. The court held that even if the allegations of negligence are taken as true, they do not disclose any intention or knowledge on the part of the applicants to cause death, which is essential for an offence under Section 304 IPC. The court observed that the case may involve civil liability but not criminal culpability. Consequently, the court allowed the application and quashed the FIR and all proceedings arising therefrom.
Headnote
A) Criminal Law - Medical Negligence - Section 304 IPC - Quashing of FIR - Allegations of improper treatment leading to death do not attract Section 304 IPC as there is no intention or knowledge of causing death - Held that mere negligence, even if gross, does not constitute culpable homicide unless there is criminal intent or knowledge that death is likely (Paras 5-6).
B) Criminal Procedure Code - Section 482 CrPC - Inherent Powers - FIR can be quashed if allegations even if taken at face value do not constitute any offence - Held that the report of District Civil Surgeon stating no negligence on part of doctors supports quashing (Paras 3-6).
Issue of Consideration
Whether the FIR registered under Section 304 read with Section 34 of the Indian Penal Code against the applicants (doctors) for alleged medical negligence resulting in death can be quashed when the allegations do not disclose any criminal offence.
Final Decision
The application is allowed. FIR No. 129/2018 registered at Police Station Dattapur, District Amravati for offence punishable under Section 304 read with Section 34 of the Indian Penal Code and all proceedings arising therefrom are quashed.
Law Points
- Section 304 IPC requires culpable homicide not amounting to murder
- medical negligence must be gross and with criminal intent to attract Section 304 IPC
- quashing of FIR under Section 482 CrPC when allegations do not disclose any offence
Case Details
2020 LawText (BOM) (02) 142
Criminal Application (APL) No. 631/2019
Sunil B. Shukre, Madhav J. Jamdar
Shri R. M. Daga for the appellants, Ms S. V. Kolhe, A.P.P. for the respondent No.1/State, Shri D. R. Upadhyay (Appointed) for the respondent No.2
Dr. Ashok S/o Bansilalji Saklecha and Dr. Mrs. Sarika W/o Ashok Saklecha
The State of Maharashtra and Kisan S/o Bapurao Hemane
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Nature of Litigation
Criminal application for quashing of FIR under Section 482 CrPC
Remedy Sought
Quashing of FIR No. 129/2018 registered under Section 304 read with Section 34 IPC
Filing Reason
Alleged improper medical treatment leading to death of patient
Previous Decisions
FIR registered on complaint of respondent No.2; report dated 11.07.2018 from District Civil Surgeon stating no negligence; earlier report dated 28.06.2018 allegedly indicating negligence
Issues
Whether the FIR under Section 304 read with Section 34 IPC can be quashed when allegations do not disclose any criminal offence?
Whether medical negligence without criminal intent attracts Section 304 IPC?
Submissions/Arguments
Applicants: No offence under Section 304 IPC made out; report of District Civil Surgeon dated 11.07.2018 states no negligence.
Respondent No.1/State: Earlier report dated 28.06.2018 indicates negligence; FIR should not be quashed.
Ratio Decidendi
For an offence under Section 304 IPC, there must be an intention or knowledge of causing death. Allegations of medical negligence, even if gross, do not attract Section 304 IPC unless there is criminal intent. The report of the District Civil Surgeon stating no negligence supports quashing. The FIR does not disclose any offence and is an abuse of process of law.
Judgment Excerpts
In the last paragraph of the complaint, the respondent No.2 has alleged gross negligence in administering treatment to his deceased son on the part of the applicants and that being the sole cause of his death.
the report dated 11.07.2018 issued by District Civil Surgeon, General Hospital, Amaravati favours the applicants, when this report says that there was no negligence whatsoever on the part of these applicants in treating the deceased Sagar on 21.05.2017 and one more day thereafter, before his death on 23.05.2017.
Even if the allegations made in the complaint are taken to be true, they do not disclose any intention or knowledge on the part of the applicants to cause death of the deceased Sagar, which is an essential ingredient of the offence punishable under Section 304 of the Indian Penal Code.
Procedural History
FIR No. 129/2018 registered at Police Station Dattapur, District Amravati on complaint of respondent No.2 for offence under Section 304 read with Section 34 IPC. Applicants filed Criminal Application (APL) No. 631/2019 before the High Court of Bombay, Nagpur Bench seeking quashing of FIR. The court admitted the application and heard the parties.
Acts & Sections
- Indian Penal Code, 1860: 304, 34
- Code of Criminal Procedure, 1973: 482
