Ranchi: The Jharkhand High Court has quashed the criminal proceedings against Dr. Prasad, an MBBS doctor, who had been accused of causing death by negligence after a patient died following gallbladder surgery at his clinic. Dr. Prasad had also faced charges under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which alleges caste-based abuse against the deceased’s family.
Justice Sanjay Kumar Dwivedi ruled that the charges were baseless and the proceedings had been initiated maliciously to harass the doctor. The case revolves around Dr. Prasad’s involvement in the treatment of a patient who underwent gallbladder surgery at his clinic in May 2020. After complications, the patient passed away in June 2020, leading to allegations of medical negligence and fraud.
The complaint, filed by a member of the Scheduled Caste, alleged that the patient’s surgery was performed by Dr. Prasad, who was not a qualified surgeon, and that after her death, he subjected the family to caste-based slurs. The complaint led to an FIR under various sections of the Indian Penal Code, including Section 304A (causing death by negligence), and the SC/ST Act.
Dr. Prasad’s counsel argued that he had not performed the surgery but was part of the post-operative care team. The surgery was carried out by Dr. Rajiv Kumar, and the patient was discharged in stable condition. When complications arose, she was referred to Medica Hospital in Ranchi, where she passed away.
The counsel also pointed out that no expert medical opinion was provided to substantiate the claims of negligence. In line with the Supreme Court’s ruling in Jacob Mathew v. State of Punjab (2005), the lack of expert opinion made the allegations insufficient for a criminal prosecution.
The court further ruled that the SC/ST Act charges were unfounded. It noted that the alleged abuse occurred inside the complainant’s house and was not made in public view, a key requirement for charges under the SC/ST Act. The court cited the Swaran Singh v. State case, which clarifies that abuse under this act must occur in a public place, which was not the case here.
The High Court emphasized that criminal negligence must involve gross recklessness, and the allegations failed to meet this threshold. The court concluded that the case was maliciously filed and the charges were unjustified. It quashed the entire criminal proceedings, calling the complaint an abuse of the judicial process. The ruling clears Dr. Prasad of all charges, stating that the death occurred after the patient had been transferred to Medica Hospital and was unrelated to Dr. Prasad’s clinic.
The court’s decision has ended the legal battle for Dr. Prasad, acknowledging that the charges against him were filed without merit, and ordered the quashing of the case pending in Dhanbad’s Special Court.
