2017 (3) ABR (Cri) 133

Bombay High Court

Hon'ble Judge(s): Prasanna B. Varale, M. G. Giratkar , JJ

(A) Criminal P.C. (2 of 1974) , S.482— Penal Code (45 of 1860) , S.304A— Quashing of FIR - Medical negligence - Causing death of child - Allegations that doctor did not give treatment to child when taken to him - Child earlier admitted in and treated in another hospital - Doctor advising complainant to admit child in another hospital as his condition was serious and doctors working there knowing line of treatment - His act does not amount to medical negligence - FIR quashed. (Para 23) (B) Criminal P.C. (2 of 1974) , S.482— Penal Code (45 of 1860) , S.304A— Quashing of FIR - Medical negligence - Causing death of child - Child admitted and treated in hospital - After discharge child becoming critical - Allegations that doctor on duty of that hospital refused to admit him - Plea of doctor that he gave prescription of medicines and written on prescription to admit child in hospital - Failure to produce medical prescription - Nothing to show that wrong treatment given to child - Report of Medical Board that doctor negligent, given without hearing him, not proper - FIR quashed. (Para 22 24) .....