LAKSHMI NURSING HOME Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.162 of 2017, pending investigation before the first respondent police.

(2.) The de-facto complainant has given a complaint to the respondent police on the ground that the daughter of the de-facto complainant was admitted in the petitioner hospital and blood transfusion was done on 16.12.2015. The deceased developed certain complications and thereafter, she was admitted at Meenakshi Mission Medical Hospital, Madurai. She is said to have died on 20.12.2015. The present complaint came to be given before the respondent police on 08.05.2017. The crux of the complaint is that the petitioner hospital had committed criminal negligence by using contaminated blood, while the blood transfusion was done to the daughter of the de-facto complainant. The respondent police based on the complaint, have registered an FIR on the same day for an offence under Section 304(A) of IPC.

(3.) The learned counsel for the petitioner submitted that the respondent police ought not to have registered an FIR without satisfying the mandatory directions given by the Hon'ble Supreme Court in Jacob Mathew Vs. State of Punjab reported in (2005) 6 SCC 1. The learned counsel submitted that the police have registered an FIR without satisfying themselves that the hospital has committed a criminal negligence and no report has been received from the committee before the First Information Report was registered.