HC directs Spl Mobile Magistrate, Kathua to pass orders based on SSP, Kathua’s Report

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Justice BS Walia of Jammu Kashmir High Court (Jammu Wing) directed Sub-Judge (Special Mobile Magistrate) Kathua to pass appropriate orders in the light of the report dated October 19, 2016 submitted by the Senior Superintendent of Police, Kathua on October 22, 2016 in the court of Special Mobile Magistrate, Kathua. In the report submitted by Senior Superintendent of Police, Kathua based upon the enquiry conducted in terms of Section 202 Code of Criminal Procedure the Senior Superintendent of Police, Kathua clarified that the record produced by the patient / complainant Parkash Singh S/o Saran Singh R/o Village Kamala (Kathua) was produced before the HOD Surgery GMC Jammu by SHO Police Station Kathua for opinion and the Principal Government Medical College Jammu vide letter no. GMC/Court Cases/ Misc / 2475 dated October 18, 2016 read with HOD Surgery’s Communication No. 428 dated October 18, 2016 returned the opinion that the patient did not heed the advise of Dr AK Gupta of Gupta Hospital and Research Centre Kali Barhi Kathua to get Blood Transfusions on July 15, 2016 and came to GMC Jammu and PCNL for Staghorn Claculi is known to be a single or staged procedure. The staging is done for residual stones and in view of above facts it does not seem that negligence on the part of the Doctor A.K. Gupta as these morbidities are known for Staghorn Calculi after PCNL Procedure.
When this petition filed by Dr AK. Gupta seeking quashing of the complaint filed by Parkash Singh alleging medical negligence came up for hearing Advocate Sheikh Shakeel Ahmed with Advocate Supriya Chouhan appearing for the petitioner submitted that a malafide complaint was lodged in the court of Sub – Judge Kathua by a patient just to blackmail and harass Dr A K Gupta who is running Gupta Hospital and Research Centre Kali Barhi Kathua, Advocate Ahmed further submitted that before filing the complaint in the court of Sub -Judge Kathua the complainant demanded Rs. 20,00,000/- (Twenty Lacs) from the petitioner which he declined to pay. Advocate Ahmed further submitted that the complainant started a vicious campaign against the petitioner just to strike a deal with him.
Advocate S.S. Ahmed further submitted that in violation of the law laid down by the Supreme Court in the case of Mrs Priyanka Srivastava V/s State of UP the complainant without first approaching the SHO Police Station Kathua and SSP Kathua directly lodged a complaint U/s 156 (3) Cr.P.C in the court of CJM Kathua on September 10, 2016 which was transferred to the court of Sub -Judge Kathua and the said court erroneously passed an order on the same day after ignoring the guidelines of the Apex Court issued to the Judicial Officers throughout the country directed the SSP and SHO Kathua to get the medical opinion from HOD Surgery GMC Jammu whether the information and allegations put forth by complainant are sufficient for registration of offences against Dr AK Gupta for criminal medical negligence.

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