Early Times Report
Jammu, Oct 28: In an alleged case of medical negligence, high court judge B S Walia today directed sub-judge (special mobile magistrate), Kathua, to pass appropriate orders in the light of the October 19, 2016 report submitted by SSP, Kathua, in his court on October 22.
In the report based upon the inquiry conducted in terms of section 202 of Code of Criminal Procedure, the SSP clarified that the record produced by complainant Parkash Singh, son of Saran Singh of Kamala, Kathua, was produced before the HoD of Surgery in GMCH, Jammu, by the SHO of Kathua Police Station for opinion.
The GMC principal vide letter No GMC/Court Cases/ Misc / 2475 dated October 18, 2016 read with HoD Surgery's communication No 428 returned the opinion that the patient did not heed the advise of Dr A K Gupta of Gupta Hospital and Research Centre, Kali Bari, Kathua, to get Blood Transfusions on July 15, 2016 and instead came to GMCH, Jammu, and PCNL for Staghorn Claculi. The staging is done for residual stones and in view of above facts it does not seem that negligence on the part of the Dr Gupta as these morbidities are known for Staghorn Calculi after PCNL Procedure.
Dr Gupta's petitioner submitted that a malafide complaint was lodged in the court of Sub-Judge, Kathua, by the patient just to blackmail and harass the doctor as before filing the complaint in the court of sub-judge, Kathua, he had demanded Rs 20,00,000 from the petitioner which he declined to pay. He submitted that in violation of the law laid down by Supreme Court in the case of Priyanka Srivastava v/s State of UP, the complainant without first approaching the SHO and SSP directly lodged a complaint under section 156 (3) of CrPC in the court of CJM, Kathua, on September 10, 2016 which was transferred to the court of sub-judge which 'erroneously' passed an order on the same day while ignoring the guidelines of Apex Court issued to judicial officers throughout the country, directed the SSP and the SHO to get the medical opinion from HoD, surgery, GMCH, Jammu, to find out if the information and allegations put forth by the complainant were sufficient for registration of offences against Dr Gupta for criminal medical negligence.
Parkash Singh had reported in the hospital on June 20, 2016 as a patient of Bilateral Renal Stones and was posted for surgery on June 26, 2016 by a team of doctors led by urologist, Dr Rajesh Aggarwal and after successful surgery a large stone in the right kidney was removed and the patient was discharged on July 10, 2016 in a stable condition.
After hearing the two sides, Justice Walia observed that in view of the filing of the preliminary enquiry report by SSP, Kathua, the petitioner 'does not wish to pursue the petition and the same can be disposed of by directing the sub-judge, Kathua, to pass appropriate orders on the SSP's report in accordance with law. |
