1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1096/2009 (Dr.Banechand s/o Ganeshlalji Mandlecha Vs. State of Mah. and Anr.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.Rahul G.Joshi, Adv. for Applicant; Mr.KM Suryawanshi, APP for Resp.No.1-State; CORAM : K.U.CHANDIWAL, J. DATE : 5 th October,2009. 1. Rule, Rule made returnable forthwith. Heard learned Counsel for the applicant and learned APP for State. 2. None for Respondent No.2 though served. 3. The applicant, a Medical practitioner,on 3rd February, 2009, during the course of his required services to the Respondent no.2 provided medical assistance, due to which, Respondent no.2 felt that there was medical negligence as there were blisters to him, he was required to get himself admitted at Aurangabad, which gave rise to F.I.R.dated 11.2.2009. 4. The Apex Court in the matter of Martin F.D’Souza Vs. Mohd. Ishfaq, reported in 2009 AIR SCW 1807 has given directions as to how the Investigator has to proceed in such matters, where there is medical negligence is alleged. It is 2 also to be verified whether it is deficiency in service or medical negligence or that it was an error of judgment or mis-adventure on the part of the Medical Practitioner, the accused/applicant. 5. In this scenario of the matter, at this stage, it is difficult to accede that the proceedings initiated against the Medical Practitioner are abuse of process of law. The Investigator is bound to act upon in terms of guidelines and directions contained in the Judgment of the Apex Court. 6. Criminal Application dismissed, Rule discharged. ( K.U.CHANDIWAL ) JUDGE bdv/cran1096.09