Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 197 3 - s.482 - Criminal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 - s.482 - Criminal proceedings u/s. 304-A against medical professional - Petition for quashing the proceedings - In the instant case, deceased was admitted in hospital for treatment of Haemophilia and attended upon by doctors - After a week, emergency medical officer attended upon the deceased and found that he was suffering down abdominal pai1i and sent a call to appellant who was surgeon on call - Appellant went to hospital on being called and attended upon the deceased and made a note that a physician be called and thereafter she left the hospital - Next morning the condition of deceased worsened and he died - Criminal complaint filed against appellant alleging that after having called a physician she did not wait in the hospital and did not attend upon the patient especially when the patient was suffering from Haemophilia - Charge of negligence - Petition for quashing not allowed mainly on the ground that question whether inaction of the appellant in leaving the deceased and not waiting for the physician to turn up amounted to rash and negligent act on her behalf was to be decided during trial - On appeal, held: The only allegation against the appellant was that she left the patient - Appellant was a surgeon on call - She called to the hospital when she was called and examined the patient - As per her judgment, she could find no evidence of bleeding or injury and, therefore. she noted that a physician be called - Thereafter, she left the hospital at about 11.00 p.m. - True it is that she did not wait for the physician to come, but it can. be assumed that she would have expected that the physician would come soon - This may be an error in judgment but definitely not a rash and negligent act contemplated u/s.304-A IPC- Criminal proceedings quashed- Penal Code, 1860 - s.304-A. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2017 INSC 317 |
Petitioner | Dr. Sou Jayshree Ujwal Ingole |
Respondent | State Of Maharshtra & Anr. |
SCR | [2017] 2 S.C.R. 865 |
Judgement Date | 2017-04-06 |
Case Number | 636 |
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