SHRIRANG DNYNOBA TUDME Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Advocate appearing for the applicant and learned APP.

(2.) Learned Advocate for the applicant has taken this Court through the FIR and submitted that in fact the informant who is a Medical Officer on contract basis with Municipal Corporation, Latur had no authority to lodge the FIR, however she says that, she has been authorized by the Commissioner of Municipal Corporation to lodge the report. She has reproduced the complaint that has been made by the widow of the deceased who is stated to have taken treatment from the present applicant. It is stated by the said lady that initially the present applicant had given the treatment and on his say, she had bought saline as well as injections. According to her, her husband's condition became worst after second saline was exhausted to the extent of 25 %. It is stated that thereafter on the say of the applicant, deceased was shifted to Superspeciality Hospital, Latur run by Dr. Pramod Ghuge. According to her, there was discussion between the present applicant and Dr. Ghuge. Though Dr. Ghuge had tried to give treatment, it was informed around 01.00 p.m. to 02.00 p.m. that deceased has expired. According to the said lady i.e. Shobha Telange, on the insistence upon the present applicant and Dr. Ghuge who were in frightened condition, they had asked her to take the body and due to the threats given by them, she says that she had not informed the said fact to the police and cremated the body as per Christian rites. However, it is thereafter her say that an application was given by her informing the fact about death of her husband due to the negligence of the doctor, then AD was registered and inquiry under Section 174 of CrPC is going on. The informant says that the applicant is not a registered practitioner and still he is found to be involved in giving treatment to patients. It has been submitted on behalf of the applicant that the applicant is diploma holder in Electro- Homeopathy. Documents to that effect have been produced. So also he has been qualified by Akhil Bhartiya Prakritik Chikitsa Parishad in Naturopathy and Yogic Science. Though those certificates are in the nick name of the applicant, he has got his name corrected by giving a publication in the Gazette and he has produced the copy of the Gazette also. According to the applicant he has tried to give proper treatment to the deceased. The story has been cooked by the widow of the deceased. There is no question of negligence on the part of the applicant, and therefore, his custody is not required for the purpose of investigation. Learned Advocate, therefore, prayed for anticipatory bail to the applicant.

(3.) Learned APP strongly opposed the application and submitted that it is the second offence that has been registered against the present applicant. The earlier offence is vide Crime No.347 of 2017, registered with MIDC Police Station, Latur for the same sections and the applicant has approached this Court for quashing the FIR, however that matter is still pending. It is also submitted that the widow of the deceased in this case is approached the Division Bench of this Court in Criminal Writ Petition No.755 of 2020. On 08-09-2020 the Division Bench has taken a note of the earlier offence i.e. registered against the applicant, and thereafter, after taking the notice of the fact that the Investigating Officer is waiting for the Chemical Analysis report, and also the fact was noted that the dead body in highly decomposed condition, it was still opined that the further action cannot be stopped, and it was observed that, the Investigating Officer will take some decision on the basis of material that is collected. Thereafter, on 22-09-2020 it was informed by the Investigating Officer that the Experts committee of doctor is approached to ascertain the negligence, and taking into consideration the previous FIR, both the matters appear to have been tagged together.