AJITH Vs. STATE

JUDGEMENT

(1.) The petitioners seeking to call for the records in PR No.20 of 2002 on the file of the Court of Judicial Magistrate No.I, Nagercoil and quash the same, has come forward to file the above Criminal OP on grounds such as that they were qualified doctors and performed a surgery on the deceased for severe stomach pain while the patient died and that a case has been registered against them.

(2.) On the part of the learned counsel appearing on behalf of the petitioners, they would strongly plead that being qualified doctors, the petitioners have only discharged the duties and responsibilities entrusted by law and that if at all negligence is attributed, the same being a medical negligence, only a civil liability could be contemplated and not criminal liability as decided by the Honourable Apex Court in the judgment 2000 (5) SCC 182 (State of Haryana v. Santra) and would pray for the relief extracted supra.

(3.) On the part of the learned Government Advocate on the Criminal Side, he would submit that the grave nature of negligence committed on the part of the petitioners would only give way for a criminal case of this nature registered since the act perpetrated on the part of the petitioners was deliberate in conducting the surgery keeping the patient in a store room which was ill-equipped for such a major surgery to be held and therefore, the case has been rightly registered against the petitioners for the offence punishable under Section 304 IPC.