Dr. Jagannath Digambar Chate And ... vs Dr. Dnyaneshwar Pandharinath ...
2016 Latest Caselaw 5452 Bom

                                                                                 
    WP No.402/2016                                 1




                                                         
             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH, NAGPUR

                        CRIMINAL WRIT PETITION NO.402 OF 2016




                                                        
    Petitioners              :   1] Dr. Jagannath Digambar Chate,
                                    Aged 30 years, 
                                    Occupation : Incharge Medical Superintendent,




                                             
                                    Rural Hospital, Sindakhed Raja, 
                                    District Buldhana.
                              
                                  2] State of Maharasthtra, 
                                     Through Police Station Officer, Mehkar,
                                     District Buldhana.
                             
                                    -- Versus --

    Respondents              :      Dr. Dnyaneshwar Pandharinath Lahane,
                                    Aged 32 years, Occupation : Radiologist, 
      


                                    R/o  Deulgaon Raja, 
                                    District Buldhana.
   



                      =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                        Shri S.A. Ashirgade, A.P.P. for the Petitioners.
                       Shri M.I. Dhatrak, Advocate for the Respondent.





                      =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

                              C ORAM :  S. B. SHUKRE, J.

                             DATE     :  21
                                               SEPTEMBER, 2016.
                                            st





    ORAL JUDGMENT :- 

Heard. Rule. Rule made returnable forthwith.

02] Heard finally by consent of the learned Counsel for the parties.

03] By this writ petition, the legality and correctness of the order

dated 23/10/2015 passed by the learned Additional Sessions Judge, Mehkar

has been questioned.

04] The submission is that though Dr. Lahane was the visiting doctor

rendering his services at Sanap Hospital as well as Shinde Hospital, he was

under a duty to maintain the register of the patients whose radiological

examinations were undertaken in these hospitals.

05] I must say that making of an allegation is one thing and

substantiating the allegation is another. In the absence of any document

being produced on record, showing that it was agreed by this doctor that he

would himself maintain the registers and records or maintenance of registers

and records was one of the terms of his engagement as visiting doctor of these

hospitals, no criminal liability could be fastened upon this doctor. He was

admittedly the visiting doctor and there being no material available on record

showing that it was part of his duty or engagement as visiting doctor to

maintain the records, the impugned order cannot be found to be illegal or

arbitrary. There is no merit in the writ petition and it deserves to be

dismissed.

The writ petition stands dismissed. Rule is discharged.

JUDGE *sdw

C E R T I F I C A T E

I certify that this judgment uploaded is a true and

correct copy of the original signed judgment.

Uploaded by: S.D. Waghmare Uploaded on : 22/09/2016

P.A. to the Hon'ble Judge.