PRASHANT SOPAN AHIRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant approached this Court under Sec. 482 of the Criminal Procedure Code praying to quash the FIR in Crime No.182/2022 dtd. 30/9/2022 registered with Nimbhora Police Station, Dist. Jalgaon for offence punishable under Ss. 304-A of the Indian Penal Code as well as consequential criminal proceeding in SCC No.146/2023 pending before Judicial Magistrate First Class at Raver.

(2.) Mr. Kashinath Shravan Kolambe, Police Sub Inspector, Nimbhora Police Station lodged report informing that one Mr. Sachin Arun Patil had filed compliant to Police Station alleging that his wife Gayatri Sachin Patil was treated by applicant i.e. Dr. Prashant Sopan Ahire, who runs Samarth Clinic at village Vivare (Bk.). The Gayatri was under his medical supervision during the period from 13/5/2021 to 16/5/2021. However, the health condition of Gayatri deteriorated, hence, she was referred to Gajanan Hospital of Dr. Sunil Choudhari at Savada. On his advice, she was admitted at Dr. Rajesh Dabi's Hospital at Jalgaon. Since, there was no improvement in health condition of Gayatri, she was further referred to Om Clinic Hospital, Jalgaon. Lastly, she was brought back Gajanan Hospital at Savada. However, on 31/5/2021, Gayatri lost her life. It is alleged that because of wrong treatment and overdose of medicine during the preliminary treatment by the applicant, Gayatri lost her life.

(3.) In pursuance of aforesaid complaint, papers related to the medical treatment advanced to Gayatri were collected from respective hospitals and opinion was solicited from Civil Hospital/Government Medical College, Jalgaon vide communication dtd. 13/6/2021. The Committee constituted at Medical College submitted its report dtd. 15/9/2022 to Police Station, which states that the applicant had prescribed irrational combination of medicines. The report further states that applicant being qualified in stream of Ayurvedic medicine, he was not competent to prescribe modern medicines.