VARINDER KAPIL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition is filed under Section 482 Criminal Procedure Code for quashing of FIR registered against the petitioner, who is a Doctor, under Section 304-A IPC. The petitioner, accordingly, has approached this Court on the ground that though proceedings against him is for medical negligence, the central requirement as laid down in Martin F. DSouza Vs. Mohd. Ishfaq, 2009 2 RCR(Cri) 64 has not been kept in view. Not only in this case but in number of other judgments, it has been viewed that for proceeding against doctor for liability of a medical negligence, opinion of Board of Directors would be an essential requirement. The Hon'ble Supreme Court has summed up the law as follows:-

(2.) This legal position is not in any serious dispute. Counsel for the respondent, therefore, prays that he may be given liberty to seek an opinion of the Board and then make an appropriate application for proceeding against the petitioner, if any medical negligence is made out. Liberty sought by the respondent is granted.

(3.) The present petition is disposed of with the direction to the trial Court to pend the hearing till the respondent take any action to seek constitution of Board. The Court will proceed further in the case only if it is opined by the Board that there is any medical negligence.