{"id":350570,"date":"2025-06-13T16:00:27","date_gmt":"2025-06-13T10:30:27","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=350570"},"modified":"2025-06-19T10:23:07","modified_gmt":"2025-06-19T04:53:07","slug":"patna-hc-quashes-22-year-old-medical-negligence-case-against-a-female-gynaecologist-scc-times-news","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/06\/13\/patna-hc-quashes-22-year-old-medical-negligence-case-against-a-female-gynaecologist-scc-times-news\/","title":{"rendered":"\u2018Was only present during operation as team member\u2019; Inside Patna HC\u2019s order quashing 22-year-old medical negligence case against a female gynaecologist"},"content":{"rendered":"
\n

Patna High Court:<\/span> In a Petition under Section 482<\/a> of the Criminal Procedure Code<\/a> (\u2018CrPC\u2019) for quashing the Trial Court\u2019s order dismissing the application of discharge filed by a female gynaecologist under Section 227<\/a> of the CrPC<\/a>, the Single Judge Bench of Chandra Shekhar Jha, J<\/span>*., relying upon the Supreme Court\u2019s decisions in Devendra Nath Padhi<\/span> and Bhajan Lal<\/span>, to secure the ends of justice quashed the 22 year medical negligence case against her. The Court considered that the present accused, the wife of the operating Doctor was only present in the operation theatre as part of the team.<\/p>\n

Background of the 22-year-old Medical Negligence case<\/h3>\n

The prosecution\u2019s case was that the complainant was suffering from acute abdominal pain and got himself examined in the dispensary of the Central Government Health Scheme. His ultrasonography was conducted, and he was found to be suffering from mild Hepatomegaly and mild Benign. He was recommended to consult the operating doctor, after which he was found to be suffering from Chyluria<\/span>. He was operated upon by the team of operating doctor including the present accused, the wife of the operating doctor.<\/p>\n

Post-operation he started suffering from severe pain in the right side of the abdomen and his complications increased. He was again examined by another doctor recommended by the operating doctor and the report indicated the existence of the right kidney of the complainant in its normal size. But the complications kept increasing. The Complainant experiencing no relief got himself examined by another doctor who suspecting foul play suggested a USG examination of the abdomen. The report of this examination showed that the right kidney was \u2018not seen\u2019. Another examination confirmed that his right kidney had been operated on and was not visible. The complainant after deducing that his right kidney was illegally removed without his permission by the operating doctor and his team, had filed a complaint against them.<\/p>\n

Analysis<\/h3>\n

The Court took notice of the medical report by the Postgraduate Institute of Medical Education and Research, Chandigarh (\u2018PGIMER Chandigarh\u2019) wherein it was concluded that the right kidney of the complainant was not removed but shrunken and severely atrophic.<\/p>\n

The Court further noted that the complainant had approached State Consumer Disputes Redressal Commission Bihar which dismissed the case stating that the right kidney of the complainant had not been removed. This was further appealed in National Consumer Disputes Redressal Commission (\u2018NCDRC\u2019) where too the case was dismissed citing non removal of kidney. The Court observed that since the decision by NCDRC was not challenged it attains finality.<\/p>\n

The Court further stated that the present accused did nothing during the operation and was to only remain inside as a team member.<\/p>\n

The Court referred to the Supreme Court\u2019s decision in Bhajan Lal (Supra)<\/span>, wherein the Supreme Court had categorised scenarios where courts can use their powers under Article 226<\/a> or Section 482 of the CrPC<\/a> \u201ceither to prevent abuse of the process of any court or otherwise to secure the ends of justice\u201d. The case scenarios as recognised by the Supreme Court were- \u20181. The allegations in the initial report or complaint do not clearly show an offense or a case against the accused. 2. The report and supporting materials do not reveal a serious offense that would justify a police investigation without a magistrate\u2019s order. 3. Undisputed allegations and evidence do not point to an offence or a case against the accused. 4. The report only describes a minor offense (non-cognizable), which means police can not investigate without a magistrate\u2019s order. 5. The allegations are so illogical or unlikely that no reasonable person would conclude there\u2019s enough reason to proceed against the accused. 6. There is a clear legal restriction in the law itself that prevents the case from being instituted and continued, or there is another effective remedy available for the aggrieved party. 7. The case is clearly brought in bad faith, with an ulterior motive, or to get revenge due to a personal vendetta.\u2019<\/p>\n

The Court further cited Jacob Mathew<\/span> v. State of Punjab<\/span>, (2005) 6 SCC 1<\/a>, wherein the Supreme Court held: \u201c\u2026To prosecute a medical professional for negligence under criminal law it must be shown that the accused did something or failed to do something which in the given facts and circumstances no medical professional in his ordinary senses and prudence would have done or failed to do. The hazard taken by the accused doctor should be of such a nature that the injury which resulted was most likely imminent\u2019.<\/span><\/p>\n

The Court further referred to Rajiv Thapar<\/span> v. Madan Lal Kapoor<\/span>, (2013) 3 SCC 330<\/a>, wherein the Supreme Court referred to the judgment in Debendra Nath Padhi (Supra)<\/span>, and observed: \u201c\u2026 the width of the powers of the High Court under Section 482 of the Code and Article 226<\/a> of the Constitution of India<\/a> is unlimited whereunder in the interests of justice the High Court can make such orders as may be necessary to prevent abuse of the process of any court or otherwise to secure the ends of justice within the parameters laid down in Bhajan Lal case<\/span>\u201d<\/p>\n

The Court while making a reference to Devendra Nath Padhi (Supra)<\/span> where the concerned Court considered previous medical reports and medical history of the complainant, noted that even if the defence evidence cannot be looked into but the report of the PGIMER Chandigarh, a document of such unimpeachable character, can be considered.<\/p>\n

The Court noted that the present accused was the wife of the operating Doctor, who had conducted the operation and was herself only present in the operation theatre as part of the team. The Court observed that prima facie the complaint petition does not make a case against the present accused. Also, no cognizance had been taken for criminal conspiracy and hence the present case falls within the golden guidelines as pronounced in the Bhajan Lal (Supra)<\/span>.<\/p>\n

Hence, the Court quashed the order of Trial Court dismissing the application of discharge filed by the present accused wife.<\/p>\n

[Mamta Singh v. State of Bihar, 2025 SCC OnLine Pat 2170<\/a>, decided on 24-04-2025<\/span>]<\/p>\n

\n

Advocates who appeared in this case:<\/p>\n

For the petitioner:<\/span> Ajay Kumar Thakur, Vaishnavi Singh, Ritwik Thakur, Advocates<\/p>\n

For the respondents:<\/span> Navin Kumar Pandey, Assistant Public Prosecutor, Sanjay Singh, Senior Advocate and Vinod Kumar, Advocate<\/p>\n

Buy Code of Criminal Procedure, 1973 \u00a0HERE<\/a><\/h3>\n

\"Code<\/a><\/p>\n

Buy Constitution of India \u00a0HERE<\/a><\/h3>\n

\"Constitution<\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

The Patna High Court relying upon the Supreme Court’s decisions in Debendra Nath Padhi, (2005) 1 SCC 568<\/a> and Bhajan Lal, 1992 Supp (1) SCC 335<\/a>, acquitted the female gynaecologist in the alleged kidney removal during surgery medical negligence case.<\/p>\n","protected":false},"author":67011,"featured_media":316104,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[83456,83455,83454,55217,3485,7441],"class_list":["post-350570","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-bhajan-lal-case","tag-devendra-nath-padhi-case","tag-female-gynaecologist","tag-kidney-removal","tag-medical_negligence","tag-patna-high-court"],"yoast_head":"\nPatna HC quashes 22-year-old medical negligence case against a female gynaecologist| SCC Times<\/title>\n<meta name=\"description\" content=\"Patna HC quashed medical negligence case of alleged kidney removal against a female gynaecologist, who was merely present during operation\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.scconline.com\/blog\/post\/2025\/06\/13\/patna-hc-quashes-22-year-old-medical-negligence-case-against-a-female-gynaecologist-scc-times-news\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"\u2018Was only present during operation as team member\u2019; 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directs Rs 10 lakh refund to doctor","author":"Arushi","date":"September 12, 2025","format":false,"excerpt":"The complaint case categorically asserted that the nursing home was \u2018inadequately and ill equipped\u2019 to handle emergencies during deliveries. There were no allegations that the antenatal care and management of Obstetrician\/Gynaecologist, were deficient in any manner.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"refund to doctor in medical negligence case","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/09\/refund-to-doctor-in-medical-negligence-case.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/09\/refund-to-doctor-in-medical-negligence-case.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/09\/refund-to-doctor-in-medical-negligence-case.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2025\/09\/refund-to-doctor-in-medical-negligence-case.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":260230,"url":"https:\/\/www.scconline.com\/blog\/post\/2022\/01\/17\/settlement-terms-decided-by-mediation-and-conciliation-centre-can-be-the-reason-for-quashing-of-a-first-information-report-under-s-482-crpc\/","url_meta":{"origin":350570,"position":3},"title":"Settlement terms decided by Mediation and Conciliation Centre, can be the reason for quashing of an FIR under S. 482 CrPC: All HC","author":"Bhumika Indulia","date":"January 17, 2022","format":false,"excerpt":"Allahabad High Court: Rajeev Singh, J., reiterated that under Section 482 of the Criminal Procedure Code, an FIR i.e. First Information Report can be quashed in view of the settlement terms. Application under Section 482 CrPC was filed with a request that the matter may be referred to the Mediation\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":240739,"url":"https:\/\/www.scconline.com\/blog\/post\/2020\/12\/16\/medical-negligence-del-hc-person-performing-surgery-on-pregnant-women-leading-to-death-of-the-patient-court-rejects-bail-for-offence-under-ss-315-304-ipc\/","url_meta":{"origin":350570,"position":4},"title":"[Medical Negligence] Del HC | Person performing surgery on pregnant women leading to death of the patient: Court rejects bail for offence under Ss. 315, 304 IPC","author":"Bhumika Indulia","date":"December 16, 2020","format":false,"excerpt":"Delhi High Court:\u00a0Manoj Kumar Ohri, J., denied bail to the petitioner who is accused of commission of offence under Section 315 (act done with intent to prevent child being born alive or to cause it to die after birth) and Section 304 (punishment for culpable homicide not amounting to murder)\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":283924,"url":"https:\/\/www.scconline.com\/blog\/post\/2023\/02\/15\/fir-cannot-be-registered-on-complaint-guided-by-unsubstantiated-assumptions-only-to-satisfy-discontentment-with-treatment-of-child-tis-hazari-court-sets-aside-direction-to-register-fir-against-doctor\/","url_meta":{"origin":350570,"position":5},"title":"[Medical Negligence] FIR cannot be registered on complaint guided by unsubstantiated assumptions only to satisfy discontentment with the treatment of child; Tis Hazari Court sets aside Trial Court’s direction","author":"Editor","date":"February 15, 2023","format":false,"excerpt":"In a medical negligence case, the Tis Hazari Court held that since there was no justifiable reason to assume that the doctor committed any offence into the allegations made by the complainant, no FIR could be registered on the whims and fancies of the complainant guided by unfounded and unsubstantiated\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Tis Hazari Court, Delhi","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/12\/MicrosoftTeams-image-375.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/350570","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/67011"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=350570"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/350570\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media\/316104"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=350570"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=350570"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=350570"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}