ALIYA AMMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition is filed by the petitioner under Section 482 of Cr.PC for quashment of FIR registered at Crime No. 165/09 for the offence alleged to have been committed under Sections 304-A and 420 of IPC at Police Station, Kumbhraj, District Guna.

(2.) Short facts of the case are that the petitioner is a Nurse by profession and is working at Civil Hospital, Chachoda, Kumbhraj. On 3-7-09, the complainant Dheraj Singh Meena lodged a complaint that Suvitabai, daughter-in-law of the complainant was pregnant lady and she was due for delivery, therefore, she was admitted at Civil Hospital, Chachoda, Kumbhraj. It was alleged that because of the fact that the Nurse on duty did not refer Suvitabai to District Hospital, Guna, therefore, she died. It was alleged that the Nurse on duty committed an offence which is punishable. Upon complaint, a case has been registered against the petitioner for the offence under Sections 304-A, 420 of IPC.

(3.) Shri Sameer Kumar Shrivastava, learned Counsel for the petitioner submits that the deceased Suvitabai was admitted in the hospital early in the morning, at that time, petitioner was on duty. It is submitted that petitioner remained on duty till evening. By that time, no delivery took place. It is submitted that thereafter, another Nurse was in charge and as per the allegation made against the petitioner, it is evident that in the night the second Nurse asked the complainant whether any delivery has taken place earlier by operation. Upon giving information, the second Nurse who was incharge, asked the complainant to take the deceased to Guna. It is submitted that in the facts and circumstances of the case, no offence has been committed by the petitioner. It is submitted that even otherwise, no patient can be referred to other hospital unless and until it is recommended by the concerned Doctor. It is also submitted that no criminal case can be registered against the persons who are in medical profession unless and until the medical opinion of independent body has been obtained. For this contention reliance placed in the matter in the case of Jacob Mathew Vs. State of Punjab and another, 2005 6 SCC 1, wherein it is held that,-