Medical negligence
Ravi Goyal
(Querist) 06 September 2017
This query is : Open
Can someone be framed with charges only on 200 and 202 statements and no medical experts opinion in u/S 304 A in trial court
Ravi Goyal
(Querist) 06 September 2017
What is the process of discharge in this above case and when a trial court does not discharge can a revision at sessions court discharge the same
Ms.Usha Kapoor
(Expert) 06 September 2017
SCOPE OF SEC. 200 AND 202:
Ch. XV of Cr.P.C. lays down the procedure which a
Magistrate has to follow when a complaint is made to him. The very
object of law is to give a person an access to justice other than upon
police report. After above referred examination, question of
issuance of summons comes in. Magistrate can either
issue the summons or order inquiry under Sec. 202.
If evidence collected above is found insufficient
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5
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to take decision, Magistrate may either inquire himself or direct
investigation by police officer under Sec. 202(1) of Code. Such
investigation is only for helping the Magistrate to decide whether or
not there is sufficient ground to proceed further.
After receiving the report of investigation under
Sec.202, the Court will consider whether there is sufficient ground
to proceed. If there is no sufficient ground to proceed, the Court
shall dismiss the complaint under Sec. 203. If there is sufficient
ground to proceed, then the Magistrate will issue summons or
warrant, as the case may be.
OPTIONS AVAILABLE
:
Options which are available to the Magistrate after
receipt of complaint could be summarized thus.
Following five
options are available
to the Judicial Magistrate who is competent to
take cognizance of the case.
a.
Rejection of the complaint,
b.
Order of investigation under Sec.
156(3) ,
c.
Taking cognizance of the offence
, d.
Issuance of process
,
e.
Dismissal of the complaint
As discussed above PRIOR MEDICAL EXPERT OPINION BEFORE FRAMING CHARGES U/S 200 SAND 202 Cr..P..C IS NOT MANDATORY. when a case has been filed u/s 304 A(Rash and Negligence Act) as DISCUSSED ABOVE THE magistrate MAY DURING THE COURSE OF INQUIRY ISSUE SUMMONS TO medical experts TO let IN EVIDENCE HOW THE INJURIES HAVE RESULTED IN DEATH OR DISABILITY ETC of the victim BASED 0N THE WITNESS LIST OF MEDICAL EXPERTS PROVIDED BY THE PROSECUTION.Please REFER THE FOLLOWING LINK FOR Delhi HIGHCOURT DECISION ON THIS ISSUE.: It is almost identical to your case.
http://www.delhidistrictcourts.nic.in/Oct08/DR.RITU%20RAWAT%20VS.%20TEJ%20SINGH.pdf
Adv. Yogen Kakade
(Expert) 06 September 2017
Precisely explained by the expert.. I agree.. but the facts of the case need to be seen.
P. Venu
(Expert) 06 September 2017
Please post the complete facts.
Rajendra K Goyal
(Expert) 06 September 2017
Academic query.
State material facts of the problem if any.
How are you concerned / related with the query?
Looks like examination question.
Dr J C Vashista
(Expert) 07 September 2017
I agree with expert Mr. Rajendra K Goyal, it is an academic question paper and the author must seek guidance of his tutor.
Ravi Goyal
(Querist) 08 September 2017
As per laws laid down in Jacob Mathew vs State of Punjab And Anr 2005 1SCC1
It was said that no private complaint be entertained unless supported by a credible opinion of another competent doctor.
Ravi Goyal
(Querist) 08 September 2017
I have been implicated as above and summons have been issued and that after discharge application, it has been heard. But the magistrate has dismissed the discharge application. As it is a private complaint in supported by any medical expert opinion it is in sustainable. Why should I be pusnished??
Ravi Goyal
(Querist) 08 September 2017
I have been implicated as above and summons have been issued and that after discharge application, it has been heard. But the magistrate has dismissed the discharge application. As it is a private complaint in supported by any medical expert opinion it is in sustainable. Why should I be pusnished??
