HC rejects plea for quashing FIR, directs completion of investigation

Death of pregnant lady due to alleged doctor’s negligence

Excelsior Correspondent

JAMMU, Nov 6: High Court has dismissed the petition filed by Dr Shahnaz Bhatti, Consultant Gynaecologist in District Hospital Poonch seeking quashment of FIR No.4/2017 dated January 14, 2017 regarding the death of a pregnant lady namely Mussarat Badar, wife of Tanveer Ahmed of Fazlabad, Surankote at District Hospital, Poonch.
After hearing Advocate Rozina Afzal appearing for Dr Shahnaz Bhatti whereas Advocate Suyash Singh Chandel appearing for Tanveer Ahmed and Deputy AG Amit Gupta for the State, Justice Sanjay Kumar Gupta after placing reliance on judgments rendered by Apex Court on the inherent powers of the High Court observed that whether Dr Shahnaz Bhatti was present in hospital at relevant time is a question of fact which requires investigation and even perusal of inquiry report of Tehsildar Poonch would reveal that prior to this incident, one more patient had died in Emergency Ward due to alleged negligence of Dr Shahnaz Bhatti.
“It has further been stated in the report that even Medical Superintendent of District Hospital, Poonch has raised fingers over the conduct of Dr Shahnaz Bhatti and the Tehsildar has categorically recommended that investigation in the matter be conducted from some investigating agency”, High Court observed, adding “the Medical Superintendent District Hospital, Poonch has also written to District Magistrate, Poonch vide his letter dated November 15, 2016 that petitioner did not attend the patient properly on relevant day and time, with the result patient died”.
Moreover, the post-mortem report of the deceased also revealed that deceased died due to rupture of uterus and internal bleeding. “These are all prima-facie material against the petitioner which requires detailed investigation and on these disputed questions of fact the High Court cannot quash the FIR”, Justice Gupta said.
With these observations, Justice Sanjay Kumar Gupta dismissed the petition filed by Dr Shahnaz Bhatti and directed the SHO Police Station Poonch to investigate the matter preferably within one month.

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