Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 120-B and 219 - Death of complainant's wife due to medical negligence Penal Code 1860 - ss. 201 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - ss. 201, 120-B and 219 - Death of complainant's wife due to medical negligence - Negligence being of civil nature, award of damages - Criminal complaint against the members of the Inquiry Committee of State Medical Council including the appellants - Allegation that they committed offence u!s 2011120-B by entering into conspiracy to save delinquent doctors - Mep1bers of the Committee ignored the report of the experts and helped the delinquent doctors to go scot-free - Petition u!s. 482 by appellants seeking quashing of the proceedings - Dismissed by High Court - On appeal, held: Approach of the High Court was unsustainable - Matter not dealt in proper perspective - Even if the allegations in the complaint are taken as true and at their face value, it would not constitute offence u!s. 201 and s. 120-B - Allegations contained in the complaint do not make out any case u/ s. 201 - Conspiracy, if at all, was to save the delinque11t doctors in disciplinary proceedings taken against them, thus, s.1208 not applicable - Provisions of s. 219 also does not apply since the departmental proceedings into the report given by the Committee cannot be treated as 'judicial proceedings' -Also in the departmental proceedings, evidence could not be or would not have been taken on oath. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2016 INSC 1076 |
Petitioner | Asoke Kumar Chaudhuri And Others |
Respondent | Kunal Saha And Another |
SCR | [2016] 9 S.C.R. 227 |
Judgement Date | 2016-11-29 |
Case Number | 1163 |
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