A court here has set aside the order of a magisterial court to lodge an FIR against some doctors for alleged criminal negligence, saying such a case cannot be registered on the “whims and fancies of the complainant” to satisfy his discontent with the treatment of his child.
The court was hearing a revision petition filed by Dr Y K Sarin against the order of a magisterial court which directed the station house officer (SHO) of IP Estate police station to register an FIR against the doctors of Lok Nayak Jai Prakash Narayan Hospital (including Dr Sarin) under the appropriate provisions of law.
“An FIR cannot be lodged on the whims and fancies of the complainant guided by unfounded and unsubstantiated assumptions only to satisfy his discontentment with the treatment of his child,” Assistant Sessions Judge Dheeraj Mor said in a recent order.
Underlining that the magisterial court’s order was “not sustainable in the eyes of law and deserved to be set aside,” the judge allowed the revision petition.
The court said in the present case five independent and separate inquiries were conducted by medical professionals or domain experts into the allegations and in every inquiry they”categorically concluded” that no negligence can be attributed to the petitioner.
“They have concluded that there is nothing on record that prima facie substantiates the allegations of the complainant. In the inquiry conducted by the (union) Ministry of Health and Welfare, it was opined that the surgeon or petitioner exercised a reasonable degree of commitment in treating the difficult case of the son of the complainant,” the court said.
Rejecting the magisterial court’s observation that the purpose of the inquiry committees was to find procedural irregularities, the judge said the all committees had comprehensively analysed and inquired the allegations of negligence against Sarin and other doctors of LNJP hospital.
“All the said inquiry reports have absolved the petitioner of negligence… In absence of attribution of even civil negligence to the petitioner into the allegations of the complainant, question of attributing culpable negligence to him does not arise,” the court said.
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It said there was “not even an iota” of incriminating material against the petitioner by a competent doctor or committee of doctors.
“The ill preservation of removed kidney of the son of the complainant and misplacement of part of his treatment record does not fall within the ambit of any culpable act,” the court said.
It said at most it could be a case of civil negligence, for which FIR cannot be directed to be lodged.
The complainant, Ravinder Nath Dubey, had levelled several allegations against the LNJP doctor including removing the child’s left kidney without the complainant’s consent and fabricating documents to cover his illegal acts.
Dubey alleged that his son, who was born in June 2003 and was under treatment of Sarin from 2004 to August 2005, was allowed to be treated by junior doctors and this endangered the child’s life.
Dubey filed an application in the magisterial court seeking directions to register FIR against Sarin and other doctors in April 2015.
The magisterial court allowed Dubey’a application in October 2021, following which Dr Sarin filed the revision petition.