Case Note & Summary
The Bombay High Court at Nagpur Bench heard two criminal applications filed by Dr. Pradeep Sadashiv Wankhede and Dr. Abhishek Vasantrao Sondawale, both medical practitioners, seeking quashing of FIR No. 160/2016 registered at Police Station Lakadganj, Nagpur. The FIR was lodged by respondent no. 2, Boni Uttam Walde, alleging medical negligence leading to the death of his newborn child. The child was born on 5 December 2015 and was admitted to various hospitals for treatment between 30 December 2015 and 10 January 2016. On 12 January 2016, the child was taken to Dr. Jaiswal's hospital where the applicants examined the child and prescribed medicine, advising the complainant to take the child home. Later that morning, the child's condition deteriorated and he was taken to a Child Specialist, but died. The complainant alleged that the applicants' negligence caused the death. The applicants argued that they treated the child in good faith and there was no evidence of criminal negligence. The court examined the FIR and found that the allegations did not make out a prima facie case under Section 304A IPC as there was no material to show that the doctors acted rashly or negligently. The court noted that the doctors had examined the child and prescribed medicine, and there was no indication of gross negligence. The court also considered that the child had been treated by multiple doctors and had a history of health issues. The court held that continuing the criminal proceedings would be an abuse of process of law and quashed the FIR against both applicants.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - FIR registered under Sections 304A, 338, 337 IPC against doctors for alleged medical negligence - Court held that where allegations do not make out a prima facie case of rash or negligent act, FIR is liable to be quashed - Held that treatment was given in good faith and no gross negligence was established (Paras 2-10). B) Indian Penal Code - Medical Negligence - Section 304A IPC - Rash or Negligent Act - Death of child due to alleged medical negligence - Court found that doctors acted in good faith and there was no material to show that they acted with criminal negligence - Held that mere allegation of negligence without evidence of gross negligence does not attract Section 304A (Paras 5-10).
Issue of Consideration
Whether the FIR against the doctors for alleged medical negligence resulting in death of a child should be quashed under Section 482 CrPC for lack of prima facie case.
Final Decision
Both criminal applications are allowed. FIR No. 160/2016 registered at Police Station Lakadganj, Nagpur is quashed against both applicants.
Law Points
- Quashing of FIR
- Medical negligence
- Section 304A IPC
- Section 482 CrPC
- Good faith treatment
- No prima facie case
