Victim Medical Examination before Govt District Hospital ?
Kumar Krishan Agarwal Advocate
(Querist) 01 January 2011
This query is : Resolved
My Learned Friends Happy new Year to all of You.
Facts:-
That if the victim was get sustained injuries by the accuseds then victim first has approached to the police station for the FIR registration but police refused at first instance. Then the victim approached to the SSP which was not available at his office. The Govt. District Hospital also refused to make any medical report without the FIR and presence of a police constable of that Police station where the crime comes under its jurisdiction.
That I may yesterday get faced similar case where the police refused to lodge an FIR of the victim and S.S.P was not available and the Government District Hospital doctors refused to examine the injured party and making of a medical examination report, without the FIR and presence of constable of concerned Police station where crime was held.
Now my Queries are:-
1. That if the victim self approached to the Government medical hospital for the full examination of the sustained injuries on his body and may ask for first medical treatment to become recuperate then it is right under Rule of Law that the Medical staff/doctor refuses him by saying that to first lodge an FIR and bring a constable for the medical examination of the victim.?
2. Is It necessary always to first lodge an FIR although police not supporting to the victim for getting the proper medical examination under the Government Hospital.?
3. If the doctors denied for medical examination then what legal remedies are available for victim under Rule of law and which may goes against the doctors bounden duty & willful negligence of the Govt. Hospital employees.?
Ajay Bansal
(Expert) 01 January 2011
Any Doctor[ Gcvt. or Private] can not deny to made M.L.R. of any injured even witout Police'case.However The Doctor can take a written application,containg whole fats of incident, from injured.If any Govt. Docter refused to do as above,then he can be prosecuted u/s 166/167 I.P.C.
s.subramanian
(Expert) 01 January 2011
Once the victim approached for medical treatment,the duty doctor has to accord treatment first after simply ascertaining asto how it happened. Then it is duty of such a doctor to intimate the same to the concerned police available at the hospital outpost,who is expected to initiate further police action in accordance with law. If the duty doctor fails to accord treatment,he will be guilty of dereliction of duty.
Arun Kumar Bhagat
(Expert) 01 January 2011
Ans 1 & 2 : Neither the Doctor nor the Police can refuse to entertain a victim on the plea of reporting the matter first to each-other.
3. One has to report the matter to the higher authorities for taking administrative action and one can register a case under IPC for deriliction of duty by public servant u/s 166.
