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Supreme Court of India 2017-12-13 allowed

Sunderlal Soni vs Mahaveer Prasad and Another

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A woman admitted to a hospital for blood transfusion died shortly after, and her husband filed a complaint alleging that the attending doctor's negligence caused her death. The High Court quashed charges against the doctor under Section 304-A IPC, reasoning that without a post-mortem report, the cause of death could not be attributed to him. The Supreme Court allowed the appeal, holding that at the charge-framing stage, courts should not examine the merits of the case. Finding that a preliminary committee had established a prima-facie case of medical negligence, the Court set aside the High Court's order.

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Criminal Law Medical Negligence Criminal Procedure Quashing of Charges Section 304-A IPC

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