MADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard both the sides. Rule. Rule is made returnable forthwith. On their request, the matter is heard finally at the stage of admission.

(2.) The writ petition is by one of the accused is seeking quashment of the crime No. 0279 of 2021 registered at Udgir Police Station, Tq. Udgir, District - Latur and consequent charge sheet no. 204 of 2022 pending in the Court of Judicial Magistrate First Class, Udgir for the offences punishable under Sec. 420, 274, 275, 276, 34 of the Indian Penal Code and Sec. 9-B, 18(c), 17-B of the Drugs and Cosmetics Act, 1940.

(3.) The respondent no. 2 - informant lodged a complaint with Police on 12/6/2021 alleging that his mother aged 72 years was admitted to the petitioner's hospital since both of them have been friends for number of years. After HRCT scan and blood examination, initially she was treated as an outdoor patient on 15/4/2021. Again she developed fever and in the early morning of 16/4/2021, she was taken to the petitioner's hospital and was admitted. In the evening, she was shifted to the ICU and then in a special room. Another HRCT scan was done. Since it read 11, the petitioner diagnosed that she was having COVID infection and prescribed 6 doses of remdesivir injections. In spite of efforts, the informant could not get the injections and informed the petitioner about it.