Gynaecologist Booked After Patient Dies During Childbirth; Court Refuses Relief, Doctor Seeks Anticipatory Bail
Ahmedabad: The Gujarat High Court recently refused to quash the proceedings against a gynaecologist booked for culpable homicide not amounting to murder (IPC Section 304), in connection with the death of a woman during childbirth at a hospital in Bavla in May 2024.
The incident led to an FIR being registered by Bavla police on September 2 after the deceased’s brother alleged that the patient died due to the incompetence and negligence of doctors and staff at the treating hospital. The complaint stated that the hospital doctor was guiding two nurses over the phone when the patient was admitted for delivery. As complications arose, both the gynaecologist and an anaesthetist were called to perform a C-section. The child was stillborn, and due to excessive bleeding, the patient was shifted to Sola Civil Hospital without a referral and was declared dead on arrival.
Based on the complaint and an opinion report from Ahmedabad Civil Hospital, the FIR named three doctors and two nurses under IPC Sections 304 (culpable homicide not amounting to murder) and 114 (abetment).
Challenging the FIR, the gynaecologist argued before the Gujarat High Court that typically doctors are charged under IPC Section 304A (causing death by negligence), which carries lighter penalties. His counsel also requested the court to consider an alternate expert opinion.
However, the HC bench led by Justice Desai declined to quash the proceedings at this stage, stating that the matter’s merits would not be examined at the moment. Subsequently, the gynaecologist withdrew the petition and opted to seek anticipatory bail.
The court clarified:
“Permission as prayed for is granted. The present petition stands disposed of as withdrawn. It is made clear that this Court has not examined the merits of the case.”
