LAWS(CHH)-2024-5-28

PRABHAT PANIGRAHI Vs. STATE OF C.G.

Decided On May 01, 2024
Prabhat Panigrahi Appellant
V/S
STATE OF C.G. Respondents

JUDGEMENT

(1.) The petitioners have preferred the instant petition under Sec. 482 of Cr.P.C. for quashing the FIR No.10/2021 registered at Police Station-Balco, Distt. Korba (C.G.) for the offence punishable under Sec. 304A/34 of IPC as also the subsequent final report and proceedings of Criminal Case No.1842/2022 pending before learned Judicial Magistrate First Class, Korba.

(2.) Brief facts of the case are that on 6/1/2021 the complainant/respondent No.2 Manoj Kewat took his 06 years old child to District Hospital, Korba for treatment where petitioner No.1, who is a medical practitioner posted at District Hospital, Korba, treated the child and informed that he is suffering from Hernia and advised for sonography. On 7/1/2021 the complainant got sonography of the child done and on 8/1/2021 petitioner No.1 after going through the sonography report opined for surgery of the child. On the next day the complainant and his wife took the child to Ayushman Hospital, Korba where petitioner No.2 was present and surgery was performed by petitioners No.1 and 2 on 9/1/2021. However, after surgery the condition of the child started deteriorating, so he was taken to another hospital by his parents where he died. Since the surgery was performed without sufficient means in a negligent manner, the complainant lodged a report to this effect which led to registration of the impugned FIR. After completion of investigation charge sheet has been filed and Criminal Case No.1842/2022 is pending before the learned Judicial Magistrate First Class, Korba.

(3.) Learned counsel for the petitioners submits that a bare perusal of the final report goes to show that no prima facie case of medical negligence is made out against the petitioners. There is not a single allegation against petitioner No.2, even then she has been arrayed as an accused. In fact, the complainant's son was suffering from congenital Hernia with hydrocoele of the cord. After proper examination, it was found that the pain occurs while straining (any stress, crying etc.) therefore, surgery under due consent of his parents was planned and consequences of the procedure and anesthesia were well explained to the parents. There might have been some anaesthetic drug interactions that the patient delayed recovering from anesthesia, hence another anaesthetic doctor was called to tide over the crisis and looking to the chaotic situation and on the insistence of the complainant, the patient/child was shifted to another nearby hospital with anaesthetic doctor where the unfortunate death of the child took place.