JADEJA JAYDEEPSINH ARJUNSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed for seeking following prayers:

(2.) Brief facts as per case of the petitioner in the present petition are that the sister of the petitioner - Mittalben was married with Ashoksinh Jhala at village Jhanjhorka of Dhandhuka Taluka. The said village is interior and remote and no proper medical facility is available there. In the year 2017, the sister of the petitioner - Mittalben suffered from severe stomach pain. As stated earlier, since no proper medical facilities are available at village Jhanjharka, the being brother had called Mittalben for proper treatment. On 1/7/2017, test was carried out whereby stone in the kidney of the sister of the petitioner was found. It is further the case of the petitioner in the present petition that on 3/7/2017, the sister of the petitioner again suffered from unbearable stomach pain on account of the stone and therefore, pursuant to the medical advice of Dr. Tushar P. Shah (M.S. FMAS and FIAGES), on 3/7/2017, sister of the petitioner was admitted in the Hospital of Dr. Tushar P. Shah. Further reports were carried out pursuant to the medical advice of Dr. Tushar P.Shah and it was informed to the petitioner and his sister that a surgery was required to be carried out to cure the same. Therefore, on 12/7/2017, operation was fixed to be carried out in the hospital of Dr. Tushar P. Shah. since sister of the petitioner did not come out of unconsciousness for a long period of time, the petitioner had called Dr. Tushar P. Shah. He had medically checked the sister of the petitioner and informed the petitioner that the dose of anesthesia seems to have been given more than required, on account of which the patient is still unconscious. The petitioner was also informed that further treatment is required to be taken in Ahmedabad Medilink Hospital, wherein the patient would be kept for nearly 24 hours on 13/7/2017 and on 14/7/2017, certain reports were carried out in Medilink Hospital.

(3.) Heard learned advocate Mr. Vicky B. Mehta for the petitioner and learned APP Mr. Dhavan Jaiswal appearing for the respondent - State.