Bombay High Court
Dr. Deepika Ashish Sanghwi vs State Of Mah. Through Police ... on 22 January, 2021
Bench: Z.A. Haq, Amit B. Borkar
1 apl427.18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.427 OF 2018
Dr. Deepika Ashish Sanghwi
Aged about 35 yrs. Occ. Doctor.
R/o Sanghwi Hospital,
Shashtri Nagar, Akola.
Tq. & Dist. Akola. .. APPLICANT
// V E R S U S //
State of Maharashtra,
Through Police Station Officer,
Police Station, Balapur,
Distt. Akola. ... RESPONDENT
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Shri A.S.Mardikar, Senior Advocate assisted by Shri Ved R.
Deshpande, Advocate for applicant.
Shri N.S.Rao, Additional Public Prosecutor for the Non-applicant.
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CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.
DATED : 22/01/2021.
ORAL JUDGMENT : (PER AMIT B. BORKAR, J.)
1. Heard.
2. Rule. Rule is made returnable forthwith.
3. This is an application filed under Section 482 of the
Code of Criminal Procedure challenging First Information Report
No.158/2018 registered with the non-applicant - Police Station,
for offence punishable under Section 304-A of the Indian Penal
Code.
2 apl427.18.odt
4. The First Information Report came to be registered
against the applicant with the allegation that the victim was
admitted in the hospital of the applicant for delivery of her child.
It is alleged that while performing cesarean operation upon the
victim, due to negligent act of the applicant, the victim died. The
applicant, therefore, challenged registration of the First
Information Report before this Court by filing the present
application. This court on 25.4.2018 issued notice to the non-
applicant. The non-applicant had filed reply and contested the
application. It is stated in the reply that it was due to rash and
negligent act of the applicant, the victim died. There is sufficient
material on the record to prove the complicity of the accused in
the crime registered against the applicant. It is also stated that
duly constituted Committee has made enquiry and submitted its
report on 19.6.2018, where it is stated that the cause of death
mentioned in the post-mortem report appears to be correct.
Therefore, it is prayed that the present Criminal Application
deserves to be dismissed.
5. We have carefully considered the contents of the
First Information Report and reply filed by the non-applicant. The
offence registered against the applicants is under Section 304-A of
3 apl427.18.odt
Indian Penal Code. From the contents of the First Information
Report, there are no specific allegation regarding alleged gross
negligence committed by the applicant. The allegation in the First
Information Report is to the effect that the death of the victim had
occured due to cesarean operation performed by the applicant
during which vein near uterus of the victim was cut resulting into
death of the victim in the hospital. The Supreme Court in the case
of Jacob Mathew Vs. State of Punjab reported in (2005) 6 SCC 1.
In paragraph no.48 (6) and (7) has held as under:
"(6) The word 'gross' has not been used in Section
304-A of IPC, yet it is settled that in criminal law
negligence or recklessness, to be so held, must be of
such a high degree as to be 'gross'. The expression
'rash or negligent act' as occurring in Section 304-A of
the IPC has to be read as qualified by the word
'grossly'.
(7) To prosecute a medical professional for negligence
under criminal law it must be shown that the accused did
something or failed to do something which in the given
facts and circumstances no medical professional in his
ordinary senses and prudence would have done or failed to
do. The hazard taken by the accused doctor should be of
such a nature that the injury which resulted was most
likely imminent".
4 apl427.18.odt
6. There are no allegations of gross negligence in the First
Information Report.There is no allegation that no medical
professional in his ordinary senses and prudence would have done
or failed to do the acts allegedly not done by the applicants.
7. Taking overall view of the matter, we are satisfied that
the continuation of proceedings against the applicants would
amount to abuse of process of the Court. We are satisfied that
ingredients of the offences alleged against the applicants are not
fulfilled. Hence, the First Information Report registered against
the applicants deserves to be quashed and set aside.
8. Rule is made absolute in terms of prayer clause (1). Prayer
Clause (1) reads as under:
"1. Quash and set aside First Information Report
No.158/2018 registered with P.S.O.P.S. Civil Lines, Akola for
offence puishable under Section 304-A of the Indian Penal Code"
Criminal Application stands disposed.
JUDGE JUDGE
Ambulkar
