HC directs Spl Mobile Magistrate, Kathua to pass orders based on SSPs Report

29 October, 2016

JAMMU: Justice B.S Walia of Jammu and Kashmir High Court (Jammu Wing) directed Sub-Judge (Special Mobile Magistrate) Kathua to pass appropriate orders in the light of the report dated 19th October, 2016 submitted by the Senior Superintendent of Police, Kathua on 22nd October, 2016 in the court of Special Mobile Magistrate, Kathua.
In the report based on the enquiry conducted in terms of Section 202 Code of Criminal Procedure, the Senior Superintendent of Police, Kathua clarified that record produced by the patient / complainant Parkash Singh, son of Saran Singh, resident of 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 18th October, 2016 read with HOD Surgery’s Communication No. 428 dated 18th October, 2016 returned the opinion that the patient did not heed to the advice of Dr. A.K Gupta of Gupta Hospital and Research Centre Kalibari Kathua to get Blood Transfusions on 15th July, 2016 and came to GMC Jammu and PCNL for Staghorn Claculi, 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. A.K. 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 the patient just to blackmail and harass Dr. A.K. Gupta who is running Gupta Hospital and Research Centre KaliBari Kathua.
Advocate Ahmed further submitted that before filing the complaint in the court of Sub-Judge Kathua the complainant demanded Rs. 20 lakh 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 Ahmed vociferously argued that the patient Parkash Singh had reported in the hospital on 20th June, 2016 as a patient of Bilateral Renal Stones and was posted for surgery on 26th June, 2016 by a team of doctors led by a renowned Urologist Dr. Rajesh Aggarwal and after successful surgery a large stone in the right kidney was removed and the patient was discharged on 10th July, 2016 in a stable condition. Advocate Ahmed in the open court produced a copy of the preliminary enquiry conducted by SSP Kathua which contained the opinion of the HOD Surgery GMC Jammu ruling out a case of medical negligence and the opinion of the GMC infact deprecated the complainant for not acting upon the advice of Dr. A.K. Gupta. Advocate Ahmed further submitted that irreparable damage has been caused to the reputation of the petitioner as the complainant with the help of some locals launched a campaign in social media that FIR is likely to be registered against Dr. A.K. Gupta for medical negligence. He further submitted that matter was also reported in a section of media which extensively damaged the reputation of the hospital.
After considering the submissions of Advocate S.S. Ahmed and AAG L.K Moza appearing for the State, Justice B.S Walia observed that in view of the filing of the preliminary enquiry report by SSP Kathua the petitioner does not wish to pursue the writ petition and the same can be disposed off by directing the Sub-Judge Special Mobile Magistrate Kathua to pass appropriate orders on the report dated 19th October, 2016 submitted by the Enquiry Officer i.e. SSP Kathua pursuant to the orders of the Sub-Judge Kathua dated 10th October 10, 2016 in accordance with law. AAG L.K Moza appearing for the State submitted that he has no objection to the prayer of Advocate S.S. Ahmed for direction to Sub-Judge Kathua to pass appropriate orders on the Preliminary Enquiry Report dated 19th October, 2016 and the court after taking the statement of both the counsels disposed off the petition by directing the Sub-Judge, Special Mobile Magistrate Kathua to pass appropriate orders in the light of the preliminary enquiry report dated 19th October 19, 2016 submitted by Senior Superintendent of Police Kathua.

http://news.statetimes.in/hc-directs-spl-mobile-magistrate-kathua-pass-orders-based-ssps-report/