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Madhya Pradesh High Court

Chandrashekhar @ Chandu Vishnoi vs The State Of Madhya Pradesh on 21 September, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                              1                                CRA-371-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 371 of 2024
                              (CHANDRASHEKHAR @ CHANDU VISHNOI AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 21-09-2024
                                 Shri Ashish Sinha, Advocate for appellants.
                                 Shri Manas Mani Verma, Public Prosecutor for the respondent - State.

The report furnished vide I.A.7891, appears to be concocted and made up. An enquiry is required against Dr. N. Patel, Medical Officer, District Hospital, Harda and Dr. S.N. Singh, Medical Officer, District Hospital Harda, for giving an opinion that if operation is not conducted, then patient may die of cancer and anemia. There is no material on record to show that which test was conducted like biopsy or tumour marker to show existence of cancer. Thus, such kind of report appears to be manufactured and are prima facie not based on medical documentation, but on some other considerations. This needs a detailed enquiry.

Let Principal Secretary, Public Health and Family Welfare, conduct an enquiry that on what basis and without getting any biopsy report or tumour marker report, such report was furnished by the doctors aforesaid on 06.09.2024, as has been enclosed by the concerned SHO.

In the meanwhile, concerned SHO will file family details i.e. Khandan Sijhra of appellant Chandrashekhar @ Chandu Vishnoi, to point out as to how many family members are available in the family, what is their relationship with the wife of the appellant Chandrashekhar @ Chandu Vishnoi and what is their age and financial status. He will also file a report Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 21-09-2024 16:59:05 2 CRA-371-2024 in regard to availability of able-bodied persons in the house of the wife of the appellant Chandrashekhar @ Chandu Vishnoi i.e. in the 'Maika' of wife of Chandrashekhar.

Let this report be brought on record within seven days. List this case after two weeks.

A copy of this order will be supplied by Shri Manas Mani Verma to the Principal Secretary, Public Health and Family Welfare to conduct a detailed departmental enquiry against the aforesaid two doctors.

                                     (VIVEK AGARWAL)                            (DEVNARAYAN MISHRA)
                                          JUDGE                                        JUDGE


                           A.Praj.




Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 21-09-2024
16:59:05