SHIVAJI BHANUDAS JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is apprehending his arrest in a crime registered with Baramati City Police Station, District Pune for the offence punishable under Section 452 , 323 , 504 , 506 , 509 , 269 and 270 of the IPC, and also Sections 2, 3, and 4 of the Epidemic Diseased Act, 1897. Subsequently, offence under Section 4 of the Maharashtra Medicare Services Persons Act, 2010 has also been added.

(2.) The complainant is Dr. Sujit Adsul working with Baramati Mahila Hospital and Dr. Rahul Jadhav's Arogya Hospital. He lodged a complaint to the effect that on 10 th September 2020, Dr. Rahul Jadhav telephoned the complainant and informed that one of the patient who was infected with Covid had died and people close to him were creating ruckus in front of the hospital. Dr. Jadhav asked the complainant to reach the spot since he was not present there and then the complainant immediately rushed to the hospital. The complaint further narrates the scene at the hospital when a group of people were hurling verbal abuses and they somehow managed to enter the consulting room of Dr.Rahul Jadhav. The complainant attempted to stop them by stating that this is a Corona Consulting Room and therefore, they should not enter. Inspite of this warning, one person barged into the room and started abusing the complainant. He questioned as to how the Corona patient died and he himself declared that his name is Shivaji Jadhav and threatened the complainant so that once he comes out will face dire consequences. The other nursing staff in the hospital attempted to convince the said person but they were also abused. It is then alleged that the person who is the present applicant assaulted him by fist and also abused staff of the hospital. This resulted into filing of a C.R which came to be numbered as C.R.No. 463 of 2020. The applicant is apprehending his arrest in the said C.R. and has approached this Court.

(3.) The applicant claims to be a social worker and is aged 28 years. He though do not justify and is respective of his action, argue that the family members of the deceased had a conversation with him at 9.30 pm and he was in a fine condition. At 10.30 p.m, when it was informed that he is no more, it created ripples in the family members and the applicant happened to be a relative of the deceased person. His submission is that an attempt on his part was only to obtain answers from the Doctor treating the deceased as to what suddenly resulted into his death, when just before one hour, he had conversed with the family members. No satisfactory explanation was afforded by the medical team. It is also noted that after the FIR was registered, the applicant attempted to seek answers from the medical staff and again entered the hospital which resulted into registration of an N.C complaint. The family members being in deep sorrow due to the demise of their near one, the applicant argue that he might have over reacted but now he bewail. This is quite a possible situation.