DWARKADAS NARAYANDAS RATHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel Shri Mandar Deshpande for the applicant, learned APP Shri A.M.Kadukar for the State, and learned counsel Shri Anup Dhore for the non - applicant No.3. Admit. Heard finally by consent.

(2.) By this application, the applicant seeks quashing of the FIR in connection with Crime No. 161/2023 registered under Ss. 304 - A and 201 of the IPC and consequent proceeding arising out of the same bearing SCC No.649 / 2023.

(3.) In the present case, informant Ganesh Dinkar Kayande serving as PSI of Police Station Telhara, District Akola alleges "medical negligence" on the part of the applicant, who is doctor by profession, who has allegedly given an "injection" in Spinal Cord of Dilip Malekar (the deceased) who unfortunately succumbed to the injection. As per recital of the FIR, initially, a Murg was filed and an enquiry was conducted. The investigating officer prepared spot panchanama, inquest panchanama, and referred the dead. body of the deceased for postmortem. The investigating agency has recorded statements of witnesses who were employed at "Gomati Clinic" and also forwarded samples for chemical analysis. After receipt of the CA Report, opinion was given that cause of death of the deceased was," due to shock due to pulmonary edema due to trauma to thoracic spinal cord and coronary artery disease with acute tubular necrosis of the kidneys". As per the investigation papers, the deceased had been to the clinic of the applicant where he was injected and, thereafter, he never regained consciousness and subsequently succumbed to death on 16/5/2022. investigation, it further revealed that the cause of death of the deceased was because of "pulmonary edema". It could be the reaction due to trauma to the thoracic spinal cord due to" an unknown injection :. Despite treatment papers were During demanded, the applicant has not provided the same. The Department of Forensic Medicine and Toxicology, Akola by letter dtd. 3/11/2022 also intimated cause of death of the deceased. The Advisory Committee has accepted the said cause of death and, thereafter, FIR came to be lodged against the applicant.