Rajasthan High Court - Jaipur
Dr . Shiva D/O Shri Chiman Lal W/O Dr. ... vs State Of Rajasthan on 20 January, 2022
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 8554/2021
Dr . Shiva D/o Shri Chiman Lal W/o Dr. Devendra Chahar, Dsm
Hospital, Chidawa, Jhunjhunu Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Narendra Singh S/o Shri Mahaveer Singh, Aged About 34 Years, Resident Of Sultana, Chidawa, District Jhunjhunu (Raj)
----Respondents For Petitioner(s) : Mr. Tanveer Ahamad, through VC. For Respondent(s) : Mr. F.R. Meena, PP.
HON'BLE MR. JUSTICE FARJAND ALI Order 20/01/2022 By way of filing criminal misc. petition, challenge has been made to the FIR No. 556/2021 registered at Police Station Chidawa, Jhunjhunu for the offence under Section 304, 167 and 168 IPC.
Learned counsel for the petitioner submits that the petitioner is a practicing doctor at DSM Hospital, Chidawa. The death of the patient occurred due to acute myocardial infarction while she was under treatment. As per the judgment passed in Jacob Mathew vs State Of Punjab & Anr in Appeal (crl.) 144-145 of 2004, before lodging an FIR, an opinion from the medical board must have been sought. It is also propounded in the judgment that it should not be a normal negligence, it should be gross recklessness. As per the post-morterm report, the death had (Downloaded on 24/12/2022 at 10:21:48 AM) (2 of 2) [CRLMP-8554/2021] occurred due to myocardial infarction. A duly constituted Board has also opined the same. Medial science suggests that coronary and sub-coronary artery are situated in the myocardium wall, which is in between the pericardium and Endocardium. The coronary and sub-coronary artery supplies blood to the heart, due to any obstruction occurring in the lumen of coronary or sub- coronary artery, the blood supply to the heart obstructs and thus the Myocardial Infarction occurs. Atherosclerosis is a disease of the arteries characterized by the deposition of fatty material on their inner walls, it's a gradual process and takes a long time to accumulate in the inner walls and the same can't be occurred in a day or two. Even in the opinion of medical board, it is not suggesting culpability of the petitioner.
The matter requires consideration.
Issue notice to the respondents.
Learned Public Prosecutor accepts notice on behalf of the State.
Issue notice to respondent No.2 only, returnable within six weeks.
In the meanwhile, further proceedings in FIR No. 556/2021 shall remain stayed.
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