IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 31671-M of 1999 Date of decision: 4th July, 2008 Sansari Lal … Petitioner Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Ashish Gupta, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking direction to Senior Superintendent of Police, Sangrur to register a case against Dr.S.P.Gupta under Section 7/ 13 of the Prevention of Corruption Act. The case of petitioner is that Suresh Kumar son of the petitioner was having a pain in the stomach on 06th May, 1999. He was given treatment by Dr.S.P.Gupta, who was then posted as Medical Officer, Civil Hospital, Dhuri. It is stated that the doctor had demanded Rs.5000/- for giving further treatment. It is stated that Dr.Gupta had provided a drip of glucose and gave four injections of Fortvin and four injections of Diazapam. Counsel further stated that Dr.Gupta had not only demanded money but has also given a treatment, which in normal course cannot be given, thereby he committed rash and negligent act. The prayer made in the present petition was not renewed in the last nine years. It has been held by Hon'ble Apex Court that in a case Criminal Misc. No. 31671-M of 1999 of medical negligence, the matter is to be enquired into by the experts before any action is initiated. It has been recently held by Hon'ble Apex Court in Skiri Vasu v. State of U.P. 2008 (1) RCR (Criminal) 392, that this Court cannot issue any direction under Section 482 Cr.P.C. as prayed for by the petitioner. However, the petitioner, if so desire, may take recourse to the alternative remedy available to him under law. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE July 4, 2008 rps 2