SAROJA DHARMAPAL PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Application under section 482 of the Code of Criminal Procedure.

(2.) The Application is being finally disposed of by consent of the learned Advocates for the applicant and learned APP. For, this Application is pending since 2005 and interim relief was already granted while admitting the Application as per the order dated 20.10.2005.

(3.) The applicant is a Private Medical Practitioner. She is Gynecologist and Ayurvedic practitioner. She runs the private hospital styled as "Dhanvantri Hospital", Deoni. She is B.A.M.S. and commenced medical practice since 1998 at Deoni, which is a village under Udgir Tahsil. The applicant attended a patient by name Yasmin w/o. Pasha Miya Gousuddin Momin during course of pregnancy of the latter. The pregnant woman used to frequently visit private hospital of the applicant for few months before the delivery. On 1.9.2003 the patient-Yasmin was brought to the hospital of the applicant. The clinical examination revealed that the patient was suffering from labour pains. The applicant informed the condition of the patient to her father and told him that as a first measure it would be appropriate to await for normal delivery and only in case it is so required delivery by adopting caesarean method could be undertaken. The patient-Yasmin was taken to the labour room. The father of the patient gave consent to the treatment. By about 1.40 pm Yasmin delivered a male infant. It was normal delivery through vertex. Still, however, the applicant noticed that there was profuse bleeding from the private part of Yasmin after the placenta had come out from the vagina. Inspite of immediate treatment, the bleeding could not be stopped. The applicant immediately instructed the father and other relatives of the patient-Yasmin to shift her to Civil Hospital at Udgir. Her relatives insisted to give a reference letter to Private Medical Practitioner by name Dr. Lohiya and, therefore, such letter was issued by the applicant. The applicant assisted the patient while shifting her to the private hospital of Dr. Lohiya by making suitable arrangement to provide the supply of saline and also making arrangement to depute Pathologist with her in the private vehicle. Though, the patient was shifted to the private hospital of Dr. Sandeep Lohiya at Udgir yet, the prognosis continued and the flow of bleeding could not be controlled inspite of medical treatment given by Dr. Lohiya. He thereafter referred her to the Civil Hospital at Latur. In the same noon the patient-Yasmin was taken to the Civil Hospital at Latur. She was admitted in the Civil Hospital while she was unconscious. On clinical examination, the Medical Officer informed her father and other relatives that Yasmin was no more. The father thereafter gave statement to the Police to the effect that he had no grievance against anyone. It appears however that after couple of days on 3.9.2003 father of deceased Yasmin lodged a report at the Police Station, Deoni alleging that deceased Yasmin died as a result of negligence of the applicant while treating her. He alleged that the applicant had assured to attend the patient and to cure her by giving 100% guarantee. He further alleged that the applicant committed delay in informing that she was unable to give medical treatment to the patient-Yasmin and, therefore, due to excessive bleeding and the fact that there was inversion of the uterus, the patient-Yasmin lost her life. It is this FIR lodged by the father of deceased Yasmin which is subject matter of challenge in the present Application. The applicant also seeks quashing of the charge-sheet filed in pursuance of the said FIR.