SHYAMALA BAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The captioned petition is filed under Sec. 482 of Cr.P.C. by the doctors, who are arraigned as accused Nos.1 to 3, seeking quashing of the proceedings pending in C.C.No.1290/2016 for offences punishable under Ss. 338, 201, 420, 468, 471, 120(B) read with Sec. 34 of IPC.

(2.) The facts leading to the case are as under: The second respondent who is the de-facto complainant lodged a complaint with the Basavanagudi Police Station alleging that petitioners herein are guilty of medical negligence and a crime came to be registered in Cr.No.139/2014 for the aforesaid offences. Respondent No.2 alleged that petitioners and the management of Vivekananda Maternity Hospital, have not followed the standard protocol and the guidelines while treating Smt. Asma Kousar who was admitted on 30/10/2011 with a complaint of back ache and leaking per vaginum. Pursuant to the registration of the crime, the Investigating Officer has filed the charge sheet and the Court below has taken cognizance.

(3.) The learned counsel appearing for the petitioners-accused would vehemently argue and contend that even if material on record in the form of charge sheet is accepted in entirety, no case of negligence is made out. To further strengthen the case of the petitioners, the learned counsel on record has placed on record the order passed by the Medical Council of India (for short "MCI"), which is preceded by an expert's opinion. Referring to these documents, learned counsel for the petitioners would contend that except statement of interested witnesses, the charge sheet is not supported by any expert's opinion. To counter the charge sheet, the petitioners have placed on record the order passed by the Apex Body i.e. MCI wherein the MCI having taken congnizance of the expert's opinion has allowed the appeal and has confirmed only that portion of the order passed by the Karnataka Medical Council wherein the petitioners were warned. Referring to these significant details, he would point out that the charge sheet does not constitute any offence in the first place and further the charge sheet is not supported by any expert's opinion and therefore, if petitioners are prosecuted for the alleged offences, the same would amount to abuse of process and therefore, to meet the ends of justice, he would persuade this Court and contend that this is a fit case which would warrant interference at the hands of this Court under Sec. 482 of Cr.P.C.