R.Mohan vs /
2024 Latest Caselaw 15320 Mad

Madras High Court

R.Mohan vs / on 7 August, 2024

Author: G.Jayachandran

Bench: G. Jayachandran

                                                                                 Crl.O.P.No.10037 of 2024

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        Dated:07.08.2024

                                                             Coram:

                                  THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN

                                                     Crl.O.P.No.10037 of 2024

                     R.Mohan                                                    .. Petitioner

                                                             /versus/

                     State rep.by
                     Inspector of Police,
                     H-5, New Washermanpet Police Station,
                     Chennai.
                     (Crime No.137/2012)                                        .. Respondent

                                    Criminal Original Petition has been filed under Section 482 of
                     Cr.P.C.,to direct the respondent to file the final report as early as possible
                     concerned in Crime No.137 of 2012 dated 18.02.2012 on the file of the
                     respondent police.

                                    For Petitioner        :Mr.V.Murugesan

                                    For Respondent        :Mr.S.Udaya Kumar
                                                           Govt.Advocate (Crl.Side)
                                                          ----------




                     1/5
https://www.mhc.tn.gov.in/judis
                                                                              Crl.O.P.No.10037 of 2024

                                                       ORDER

This petition filed seeking direction to file the final report in

Crime No.137 of 2012, dated 18.02.2012, registered under Section 174 of

Cr.P.C., in connection with the suspicious death of one Tamilselvi, who is

the wife of the petitioner.

2. In this petition, it is alleged that the Doctor, Jayapal, who had

treated Tamilselvi, was negligent and had caused the death of Tamilselvi.

In this regard, the petitioner has given a representation on 25.06.2012 to

the Inspector of Police, but no action was taken.

3. Relying upon the expert opinion given by one Dr.V. Dekal,

the present petition is filed that the death of Tamilselvi is attribute

negligent towards the Doctor, who treated her. If they have exercised

proper, reasonable care and skill, they could have very well saved her

life. This opinion has given 10 years after her death based on the record.

How far such opinion will be reliable to prosecute a professional for

medical negligence is highly doubtful. More so, in the light of the

judgment of the Hon'ble Supreme Court in Jacob Mathew v. State of

https://www.mhc.tn.gov.in/judis

Punjab reported in [(2005)6 SCC 1]. That part, the learned Government

Advocate (Crl.Side) submitted that the Doctor Jayapal, who treated wife

of the petitioner and against whom the allegation of negligence is made

after 12 years of death died on 24.08.2020.

4. The learned Government Advocate (Crl.Side) submitted that

in the light of the demise of Jayapal, who is the suspect of the medical

negligence, the First Information Report has to be closed and necessary

action will be taken in the due course.

5. In the light of the above fact that the death of the Doctor

Jayapal in the year 2020 has given quietus to the entire issue. Hence,

there cannot be any probe in to the alleged suspicion of the petitioner

herein at this point of time. Hence, this Criminal Original Petition is

dismissed.

07.08.2024

Index:yes/no

https://www.mhc.tn.gov.in/judis

Neutral Citation:yes/no ari

To:

1.The Inspector of Police, H-5, New Washermanpet Police Station, Chennai.

2.The Public Prosecutor, High Court,Madras.

https://www.mhc.tn.gov.in/judis

DR.G.JAYACHANDRAN,J.

ari

07.08.2024

https://www.mhc.tn.gov.in/judis