Chhatrapati Sambhajinagar: In a key ruling reinforcing protections for medical professionals, the Aurangabad bench of the Bombay High Court has quashed an FIR and all related criminal proceedings against Dr. Sharad Madhukar Pawar, owner of Pawar Hospital in Majalgaon, and nurse Sonali Chandrasen Gore, who were accused of administering an expired vaccine to an infant in 2022.
No Criminal Intent or Gross Negligence: Court
The case stemmed from a November 7, 2022 incident, when a rotavirus vaccine, expired in March that year, was allegedly administered to a one-and-a-half-month-old infant. However, the child remained healthy and showed no side effects.
A division bench of Justice Vibha Kankanwadi and Justice Sanjay Deshmukh held that the case lacked prima facie evidence of criminal negligence and observed that no expert medical opinion had been sought before filing charges — a violation of due legal procedure outlined in the 2005 Supreme Court’s Jacob Mathew vs State of Punjab ruling.
“It is a mistake. No element of criminality is involved,” the bench stated, calling the FIR a misuse of legal process.
FIR Based on News Report, Not Expert Evaluation
The FIR was registered by Drug Inspector Ashok Dharak on December 26, 2022, after a news report surfaced about the incident. It invoked IPC Sections 336 and 34, as well as provisions of the Drugs and Cosmetics Act.
However, the court ruled that offences under the Drugs and Cosmetics Act cannot be pursued through a police FIR. The law requires that such cases must be filed directly in court by the designated authority — a procedure not followed in this case, making the FIR legally invalid.
Key Observations from the Court:
- Parents of the child, including the maternal grandfather and mother, confirmed that Dr. Pawar took immediate remedial action and kept the child under observation all day.
- A letter from Serum Institute of India (dated November 21, 2022) clarified that even if ROTASIIL was expired, it posed no health risks if stored properly.
- The Medical Board of Swami Ramanand Teerth Rural Government Medical College, Ambajogai, could not provide a conclusive opinion on potential adverse effects.
- No qualified expert opinion was obtained before registering the FIR, violating key procedural norms.
The ruling is expected to set a strong precedent for protecting medical professionals from frivolous criminal prosecution when no malicious intent or gross negligence is proven.
