Criminal Misc. No. M-7883 of 2008 1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Misc. No. M-7883 of 2008
Date of Decision: 21.1.2009
Dr. Gurdeep Singh
...Petitioner
Versus
State of Haryana and Another
...Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Sudhir Sharma, Advocate
for the petitioner.
Mr. S.S. Mor, Senior Deputy Advocate
General, Haryana, for respondent No.1.
Mr. Sumeet Goel, Advocate
for respondent No.2.
Kanwaljit Singh Ahluwalia, J. (Oral)
Counsel for the petitioner has relied upon Jacob Mathew v.
State of Punjab and Another 2005(3) Recent Criminal Reports 836.
In paras 51 to 55 of the said judgment, the Court has laid a test and
guidelines to find whether a medical profession is to be prosecuted or
not? or whether any medical negligence can be attributed to concerned
Surgeon?
It has been submitted by Mr. S.S. Mor, learned Senior Deputy
Advocate, General, Haryana, that in the present case report under
Section 173 Cr.P.C. has been submitted.
Criminal Misc. No. M-7883 of 2008 2
Parties are relegated to the trial Court to urge at the time of
framing of charge whether in consonance with the mandate of law laid
in Jacob Mathew’s case (supra), charge can be framed or not.
Needless to say that in case the charge is framed, petitioner will be at
liberty to avail his remedy to assail the charge before the revisional
Court.
Petitioner is stated to be a Doctor, therefore, taking into
consideration the fact that he has to attend his patients, his personal
appearance before the trial Court is exempted subject to filing an
undertaking that he shall cause appearance as and when required and
the evidence recorded in his absence but in the presence of his counsel
shall be binding upon him. Trial Court may also specify any other
condition in the undertaking to be furnished by the petitioner. On the
furnishing of undertaking, the personal appearance of petitioner shall
stand exempted.
With the observations made above, the present petition is
disposed off.
(Kanwaljit Singh Ahluwalia)
Judge
January 21, 2009
“DK”