PRASANNA SUDHAKARRAO DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri V. J. Dixit, learned Senior Counsel holding for Shri S. Y. Mahajan, learned Counsel for the appellants, shri V. H. Dighe, learned A. P. P. for the State and Shri S. J. Salunke, learned Counsel holding for Shri V. D. Salunke, learned Counsel for respondent No. 2.

(2.) PETITION was taken up for admission on 28-4-2009. After hearing the arguments for some time, it was agreed by the parties that the petition can be disposed of at admission stage. As such, the matter came to be posted to 15-6-2009. Today the petition is taken up for final hearing. Rule. Rule made returnable forthwith. With the consent of the parties, the matter is taken up for final disposal at admission stage.

(3.) PETITIONER No. 1 is a Medical Practitioner and is a director of Sai Hospital and critical Care Unit situated in Samarth Nagar, aurangabad. He holds post graduate degree in medicine and is also an intensivist. Other petitioners are the employees of the Sai Hospital. Petition is presented seeking relief in respect of quashment of the criminal proceeding initiated against the petitioner on registration of Crime No. 555/2008 at Kranti chowk Police Station, Aurangabad for offences punishable under section 304-A, 201 r/w section 34 of the Indian Penal Code. It is alleged in the First Information Report that patient by name Shweta Wamanrao deshmukh was referred to the hospital for treatment by one Dr. Shahpurkar who had diagnosed her as suffering from falciparum malaria. Dr. Shahpurkar is also a post graduate degree holder in medicine. On pathological examination, he has reached the diagnosis that the patient is suffering from falciparum malaria. On admission of the patient, it is contended that she was prescribed medicine quinine tablet. However, she refused to take the drug. As such, it was noted on the case paper accordingly. It transpires that during the night time, quinine was injected to her. However, she developed symptom of Cardiac Toxicity. She was moved to Intensive Care Unit. However, she expired at 1. 45 hours.