Dr. Prashant Vishnu Bhadange vs The Senior Police Inspector In ...
2021 Latest Caselaw 9380 Bom

                                                        1-CRIAPL432-2020.DOC

                                                                              Santosh

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CRIMINAL APPELLATE JURISDICTION


                  CRIMINAL APPLICATION NO. 432 OF 2020

Dr. Prashant Vishnu Bhadnge                                      ...Applicant
                    Versus
The State of Maharashtra & ors.                            ...Respondents

Mr. Ketan Chotani, a/w Pinky Bhansali and Ms. Gayatri Kapse, i/b Manasvi Tilwani, for the Applicant. Mrs. S. D. Shinde, APP for the State.

                                    CORAM:    S. S. SHINDE &
                                              N. J. JAMADAR, JJ
                                    DATED:    16th JULY, 2021
                                              (Through V.C.)
PC:-

1. Heard Mr. Chotani, the learned Counsel for the applicant

and Mrs. Shinde, the learned APP for the State.

2. Mrs. Shinde, the learned APP, on instructions, submits

that though the investigating agency had sought the opinion of

the Committee constituted to ascertain the existence or

otherwise of the medical negligence, yet the said exercise was

done after the FIR came to be registered against the applicant.

3. Prima facie, it appears that the investigating agency has

not adhered to the mandate of the judgments of the Supreme

Court in the cases of Jacob Mathew vs. State of Punjab and

1-CRIAPL432-2020.DOC

another1 and Martin D'Souza vs. Mohd. Ishfaq2 and the

Government Resolution issued as regards the procedure to be

adopted in the matter of registration of the FIR where criminal

negligence is alleged against a medical practitioner.

4. In this view of the matter, we are persuaded to stay the

further proceedings in Summary Criminal Case No.31 of 2019,

pending on the fle of Judicial Magistrate, First Class, Wada,

District Palghar, till further orders.

5. We also direct the Investigating Offcer to fle an affdavit

explaining as to why the requirement of law, in the matter of

registration of FIR, was not complied with.

6. Let the affdavit be fled on or before 13 th August, 2021 with

an advance copy to the applicant.

7. List on 31st August, 2021.

[N. J. JAMADAR, J.] [S. S. SHINDE, J.]

12005 (6) SCC 1.

22009 (3) SCC 1.