Rajasthan High Court - Jaipur
Dr. Hemant Kumar Bhartiya S/O Dr. H C ... vs State Of Rajasthan on 5 March, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1221/2019
Dr. Hemant Kumar Bhartiya S/o Dr. H C Bhartiya
----Petitioner
Versus
State Of Rajasthan & Anr.
----Respondent
For Petitioner(s) : Mr. Pankaj Gupta Mr. Devesh Kumar Bansal Harendra Neel For Respondent(s) : Mr. Sher Singh Mahala PP HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
-/Order/-
05/03/2019 Learned counsel for the petitioner has contended that the complainant has alleged that the petitioner who is Neurosurgeon, operated upon the complainant. Counsel contends that it is alleged by the complainant that due to the negligence of the petitioner, the complainant lost the eye sight.
Learned counsel for the petitioner has relied upon Jacob Mathew vs. State of Punjab & Anr., (2005) 6 SCC 1, to contend that before registration of the case, the investigating agency had not obtained opinion of independent Government Doctor to the extent that the petitioner had not followed necessary procedure and protocol. Learned counsel for the petitioner has contended that the guidelines of Supreme Court were not adhered to and standards of Bolam's test were not applied.
Issue notice to the respondents for 27.5.2019. List this case on 27.5.2019. Meanwhile, further proceedings arising out of the impugned FIR shall remain stayed.
(KANWALJIT SINGH AHLUWALIA),J Mak/-
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