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High Court of Karnataka Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Prima Facie Case Under Section 304A IPC. Allegations of Surgery Against Medical Advice and Negligent Treatment Did Not Disclose Offence of Culpable Homicide Not Amounting to Murder.

The petitioner, Dr. Seema Manohar Gunjal, a medical officer, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seek...

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Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Criminal Intent. Complaint under Section 338 IPC fails as essential ingredients of grievous hurt by rash or negligent act not established without expert evidence.

The petitioner, a practicing ophthalmologist, challenged the judgment of the Additional Sessions Judge, Pune, which upheld the Magistrate's order issu...

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Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Prima Facie Case Under Section 304-A IPC. FIR and charge-sheet quashed as no expert opinion obtained to establish medical negligence.

The applicant, Dr. Pramod Yashwantrao Gurjar, an Obstetric and Gynecology Surgeon, performed a cesarean surgery on Smt. Kanchan Atul Kulkarni on 06.03...

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Bombay High Court Quashes FIR Against Doctor in Medical Negligence Case Due to Lack of Criminal Intent. Section 304 IPC not attracted as negligence was not gross or reckless, and death occurred during medical procedure without mens rea.

The applicant, Dr. Sangeeta Salunke, a registered medical practitioner, filed an application under Section 482 of the Code of Criminal Procedure, 1973...

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Bombay High Court Dismisses Petition to Quash FIR in Sushant Singh Rajput Death Case — Allegations of Abetment to Suicide and Drug Nexus Require Investigation. Court holds that FIR prima facie discloses cognizable offences under IPC and NDPS Act, and quashing at threshold is not warranted.

The petitioners, sisters of the deceased actor Sushant Singh Rajput, filed a writ petition under Article 226 of the Constitution of India read with Se...