Lucknow : The Allahabad High Court has quashed criminal proceedings against Dr. Srivastava and Advocate Ramesh Kumar Srivastava, who were accused of medical negligence and allegedly hitting a patient with a motorcycle, citing malafide and malicious intent behind the case.
The FIR, lodged in February 2007, claimed that a botched surgery by Dr. Srivastava at a government health center led to malignancy in the patient. It further alleged that during a protest by the patient, both the doctor and the advocate ran her over with a motorcycle, causing serious injury. The complainant later died of cancer in 2009.
However, the HC bench led by Justice Shree Prakash Singh observed that the FIR was registered with ill intent and lacked credible evidence. It highlighted the unexplained delay in filing the complaint and the absence of eyewitnesses, medical reports, or credible testimonies.
The court noted that a departmental inquiry had already cleared Dr. Srivastava of medical negligence, stating that the surgery in question was not even conducted at the government hospital. Additionally, affidavits submitted showed the doctor was on emergency and Pulse Polio duty, and the advocate was present at the High Court on the day of the alleged assault.
Terming the case a “classic example of vengeance and abuse of legal process,” the High Court emphasized that continuing the trial would serve no purpose and dismissed all charges against both individuals.
The judgment invoked the Supreme Court’s guidelines in the Bhajan Lal case, reinforcing the judiciary’s responsibility to scrutinize the intent and substance behind criminal cases.
