SUMAN K SHRIVASTAVA
Ranchi, July 18: The Jharkhand High Court has quashed over 10-year-old medical negligence case filed against Dr Satish Midha, a specialist in Gastroenterology in Ranchi.
In a judgement delivered on July 13, a single bench of Justice Sanjay Kumar Dwivedi said that the ongoing criminal proceedings against the doctor going on in a district court was against the guidelines set by the Supreme Court in various judgements.
The case, in a nutshell, is that one Md Hussain had filed a case after death of his son-in-law at the Chutia police station way back in 2012. The police submitted a final report after investigation on October 25, 2012
describing the case as untrue. Thereafter, Md Hussain filed a protest petition. The district court took cognizance of it under Section 304-A of the Indian Penal Code against the doctor.
According to Dr Midha’s counsel Pandey Neeraj Rai, initially the son-in-law of Md Hussain was treated in Jharkhand Hospital at Kantatoli, Ranchi and, thereafter, the doctor who attended him, advised him to go for a higher specialized centre and, accordingly, he was brought to Guru Nanak Hospital, Ranchi, where, he was admitted for treatment and for four days, the treatment was going on. Thereafter, his health deteriorated and he left for his heavenly abode. He also submitted that the doctor has taken all care and has provided the treatment and in spite of his
best efforts, the life of Hussain’s son-in-law was not saved.
He further submitted that the district court took the cognizance without looking into the guidelines issued by the Supreme Court in Jacob Mathew v. State of Punjab case.
He submitted that the entire criminal proceedings be quashed. “Further, the police have investigated the matter thoroughly and
thereafter filed a final form. The court has taken cognizance on the protest petition. If such a situation was there, at least prima facie material was required to be disclosed in the order taking cognizance as a final form
was submitted in favour of the doctor, but that is lacking in the case in
hand,” Rai stated.
Convinced, the court observed that it is well-settled that in a case of medical negligence, the preliminary enquiry with regard to said negligence is a must.
“So, to allow the proceedings to go on, will amount to abuse of process of law,” the court observed.
