Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20487 of 2018 Petitioner :- Dr. Vineet Garg And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Pandey,Shri Satish Trivedi (Sr. Adv.) Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ajay Kumar Pandey, learned counsel for the petitioners, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 08.07.2018 registered as case crime no.0607 of 2018 under sections 269, 270, 338, 304 I.P.C., police station Sikandra, District Agra.
Learned counsel for the petitioners submits that the petitioner no.1 is a Cardiologist and the petitioner no. 6 is also a doctor and the other petitioners are employees of the hospital where incident took place. He further submitted that the father of the respondent no. 4 was admitted in the said hospital where the doctors told him that the arteries of the heart of the father of the respondent no. 4 were blocked and he was required immediate Angiography and during treatment he died, hence the present FIR has been lodged for harassment. He has relied upon the judgement rendered by the Supreme Court in the Case of Jacob Mathew vs. State of Punjab wherein the Supreme Court held that a medical practitioner cannot be held liable simply because things went wrong and that preliminary enquiry is required to be held against the doctors before lodging an FIR.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co- operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 31.7.2018 AU