PRAMOD YASHWANTRAO GURJAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a criminal application invoking our inherent jurisdiction under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code") seeking to quash FIR in Crime No.142 of 2004 dtd. 15/4/2004 and Charge-Sheet/Final Report filed thereupon bearing No.41 of 2005 dtd. 8/3/2005 for offence punishable under Sec. 304-A of the Indian Penal Code (hereinafter referred to as "the IPC"). This is a case where the complainant, brother of the husband of the deceased, alleges medical negligence on the part of the applicant, a Doctor/Surgeon, who conducted cesarean surgery for delivery of a child born to the patient, who unfortunately succumbed hours after the surgery, due to hemorrhage.

(2.) From the investigation papers filed along with the Final Report, the following facts appear on record:

(3.) After notice was issued to the non-applicant No.2, who is the complainant, on at least three occasions, the last of which was on 21/6/2023, though served, the non-applicant No.2 has not put in his appearance. Consequently, we felt it necessary to appoint a Counsel for the non-applicant No.2 in his absence, which we did by order dtd. 13/7/2023. The matter came to be heard with the assistance of Smt S. H. Bhatia, for the non-applicant No.2, who has chosen to remain absent despite service on several occasions. With the consent of the learned Counsels for the parties and with the assistance of the Counsel appointed for non-applicant No.2, we have proceeded to hear the submissions and finally dispose of the present criminal application.