KAFEEL AHMAD KHAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri N.I. Jafri, the learned counsel for applicant and Sri Vimlendu Tripathi, the learned AGA.

(2.) The applicant is charged in Case Crime No. 428 of 2017 under sections 409, 308 and 120-B IPC, Police Station Gulharia District Gorakhpur. The gist of the allegations in the FIR and charge sheet as ultimately filed is that he was while heading the 100 bed Ward in the BRD Medical College negligent in the discharge of his duties resulting in a shortage of medical oxygen. It is also alleged that the applicant and his wife were running a private medical center and indulging in private practice.

(3.) Having considered the submissions advanced the Court notes that there is no material on record, which may establish medical negligence against the applicant individually. This quite apart from the fact that no enquiry as mandated in terms of the decision of the Supreme Court in Jacob Mathews [2005 SCC (Cri.) 1369] was also undertaken or initiated. The Court must also bear in mind that the State in its affidavit and more particularly in paragraph 16 thereof does not attribute the deaths to a shortage of medical oxygen.