PRAVINBHAI BHIKHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the FIR being CR No.I 74 of 2015 registered with Bavla Police Station, District : Ahmedabad for the offences punishable under Section 304 of the Indian Penal Code and under Sections 124 and 123 of the Medical Practitioner Act, 2008.

(2.) Heard Mr.P.M.Thakkar, learned Senior Counsel with Mr.Nandish Thackar, learned counsel for the applicant, Mr.B.M.Mangukiya, learned counsel for the respondent No.1 and Mr.H.S.Soni, learned APP for the respondent State.

(3.) Mr.P.M.Thakkar, learned Senior Counsel with Mr.Nandish Thackar, learned counsel for the applicant has contended that the applicant is an innocent person and is not involved in any offence as alleged against him. He has contended that the offence alleged against the applicant is of Section 304 of the Indian Penal Code and ingredients of Section 304 of the Act are not attracted in the present case. He has contended that it is settled law that in case of Criminal Medical Negligence the complaint must establish gross negligence on the part of the doctor, otherwise the complaint would not survive. He has contended that as per the case of the prosecution, the applicant had given two injections with a view to treat the deceased. It is contended that the injections given were Campiclox Amplicillin with Cbxacillin 500 mg and Dexacor R2 Dexamethasone Sodium Phosphate 500 mg . It is contended that in no circumstances it would cause death of any person. It is contended that both the above referred medicines are generally prescribed for allergies / infections. In the present case the deceased was suffering from Eczema which is a type of allergy and, therefore, any prudent doctor would have prescribed the above referred medicines.