Dr. Jagannath Digambar Chate And ... vs Dr. Sunil Totaram Kayande And ...
2016 Latest Caselaw 5454 Bom

                                                                                 
    WP No.401/2016                                 1




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

                        CRIMINAL WRIT PETITION NO.401 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              :   1] Dr. Sunil Totaram Kayande,
                                    Aged about 35 years, Occupation : Radiologist, 
      


                                    R/o Deulgaon Raja, 
                                    District Buldhana.
   



                                 2] 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 Respondents.





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

                              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 and Dr.

Kayande was the visiting doctor rendering his services at Shinde Hospital,

they were under the 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 these doctors that

they would themselves maintain the registers and records or maintenance of

registers and records was one of the terms of their engagement as visiting

doctors of these hospitals, no criminal liability could be fastened upon these

doctors. They were admittedly the visiting doctors and there being no

material available on record showing that it was the part of their duty or

engagement as visiting doctors 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.