RAVINDRA LAXMAN BHOSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the learned advocates for the parties.

(2.) This is an application filed under Sec. 482 of the Criminal Procedure Code, 1973 for quashing of criminal proceedings registered as SCC No.5292 of 2021 pending in the Court of Judicial Magistrate, First Class, Ahmednagar in pursuance of the FIR bearing Crime No.207 of 2021 registered with Bhingar Camp Police Station, Ahmednagar for an offence punishable under Sec. 304-A of the Indian Penal Code, 1860 (for short, "IPC"). Report was lodged by the Police Head Constable - Ganesh Nagargoje of Police Station Savedi, Ahmednagar.

(3.) The learned advocate for the applicant pointed out that one Yogesh Suresh Pawar died in the hospital of applicant during the treatment of pulmonary edema atheriseleis with fatty liver on 7/1/2019. The A.D. was registered and investigation was conducted. After postmortem of the dead body, as per the opinion of Dr.P.L. Saigaonkar Medical Officer dtd. 1/6/2021, the cause of death is death due to pulmonary edema atheriseleis with fatty liver was not there. There was sever acute septisemic shock due to acute pancreatitis & Urinary Tract infection. He further opined that it was case of medical negligence in monitoring this case found from the treatment records.