R. JAIRAM IYER Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner herein is an interventional Cardiologist and on the date of occurrence was working as Senior Consultant in the Apollo Hospital, Bilaspur, while facing criminal prosecution for commission of offences punishable under Sections 304-A, 468 & 201 of the Indian Penal Code, has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (henceforth 'Cr.P.C.') for quashment of chargesheet and criminal prosecution initiated against him for the above-stated offences.

(2.) The essential facts, as unfolded by the prosecution, to find out whether petitioner is entitled to the relief claimed in the criminal miscellaneous petition are as under:-

(3.) The petitioner herein has filed this petition under Section 482 of the Cr.P.C. for quashing of charge sheet stating inter alia that he is a well qualified interventional Cardiologist and while working as Senior Consultant in the Apollo Hospital, he performed angiography and thereafter, angioplasty to the patient (Shri Ashok Pingle) on 02.08.2008 and he planned to discharge him on 06.08.2008 but on account of fever, discharge was withheld. It has further been averred that being a qualified Cardiologist, he decided to adopt invasive line of treatment to Shri Ashok Pingle looking to his condition prevailing at the time of admission and took proper care to treat Shri Pingle but on account of stent thrombosis he died on 11.08.2008. Thereafter the Enquiry Committee consisting of Dr. R. R. Tiwari, Superintendent, CIMS, Bilaspur, Dr. U.S. Paikra, Professor (Medicines), Govt. Medical College, Jagdalpur & Dr. G.B. Gupta, Professor (Medicine), Pt. J.N. Medical College, Raipur recorded a conclusion that medical line of therapy, which is conservative should have been applied rather invasive line of treatment. It is further averred that it is not a case of "gross" medical negligence for which, the petitioner is liable to be prosecuted for offence under Section 304-A of the Indian Penal Code and as such charge-sheet for offences under Section 304-A, 201, 468 IPC deserves to be quashed.