F.i.r. against a government doctor
Rajneesh Sharma
(Querist) 04 November 2013
This query is : Resolved
-Can Police lodge F.I.R. under "304-A" against a Doctor with his name working in government hospital without any proof of medical negligence and without permission from higher authorities of hospital,only on request of relative of a patient who died while under treatment ?
-Should F.I.R. be filed against hospital or against a particular doctor with his name who is working for hospital ?
-If it happened that FIR had lodged under 304A without any proof of negligence and without permission from higher authorities of hospital,What should a Doctor do? Should he apply for anticipatory bail or should request at court to quash the FIR ?
Sarvesh Kumar Sharma Advocate
(Expert) 04 November 2013
Don't take tension due to bailable offence of 304a ipc if police registar the case court shall grant the bail
Sudhir Kumar, Advocate
(Expert) 04 November 2013
full facts have not been stated any way based on existing material following reply can be given.
Can Police lodge F.I.R. under "304-A" against a Doctor with his name working in government hospital without any proof of medical negligence
Ans : The existence of negligence is a matter of fact to be decided during trial
and without permission from higher authorities of hospital,
Ans : No permission is required for registering FIR against public servant for an offence committed ruing course of duty. However permission (of the authority competent to dismiss the Govt servant) is required before filing chargesheet u/s 197 of Cr PC
only on request of relative of a patient who died while under treatment ?
Ans : Such case cannot be registered unless complaint is given by relative. Nothing unusual.
Should F.I.R. be filed against hospital or against a particular doctor with his name who is working for hospital ?
Ans : only civil suit can be filed against body corporate (i.e. hospital in this case) criminal case is always filed against a natural person [ sh ________________-, s,d,w/o ____________________, r/o ______________________ age ______ cast ________]. Nothing unusual.
-If it happened that FIR had lodged under 304A without any proof of negligence and without permission from higher authorities of hospital, What should a Doctor do?
Should he apply for anticipatory bail or should request at court to quash the FIR ?
Ans : He should apply for bail unless willing to treat some prisoners in jail. Quashing should be considered at appropriate stage, if sanction u/s 197 of Cr PC is at all issued
Rajendra K Goyal
(Expert) 04 November 2013
Well advised by the expert Sudhir Kumar ji, nothing more to add.
Sudhir Kumar, Advocate
(Expert) 04 November 2013
full facts have not been stated any way based on existing material following reply can be given.
Can Police lodge F.I.R. under "304-A" against a Doctor with his name working in government hospital without any proof of medical negligence
Ans : The existence of negligence is a matter of fact to be decided during trial
and without permission from higher authorities of hospital,
Ans : No permission is required for registering FIR against public servant for an offence committed ruing course of duty. However permission (of the authority competent to dismiss the Govt servant) is required before filing chargesheet u/s 197 of Cr PC
only on request of relative of a patient who died while under treatment ?
Ans : Such case cannot be registered unless complaint is given by relative. Nothing unusual.
Should F.I.R. be filed against hospital or against a particular doctor with his name who is working for hospital ?
Ans : only civil suit can be filed against body corporate (i.e. hospital in this case) criminal case is always filed against a natural person [ sh ________________-, s,d,w/o ____________________, r/o ______________________ age ______ cast ________]. Nothing unusual.
-If it happened that FIR had lodged under 304A without any proof of negligence and without permission from higher authorities of hospital, What should a Doctor do?
Should he apply for anticipatory bail or should request at court to quash the FIR ?
Ans : He should apply for bail unless willing to treat some prisoners in jail. Quashing should be considered at appropriate stage, if sanction u/s 197 of Cr PC is at all issued
V R SHROFF
(Expert) 05 November 2013
Well advised by the expert Sudhir Kumar ji,
R.K Nanda
(Expert) 05 November 2013
no more to add.
