Allahabad HC Orders NMC Inquiry Against 2 Doctors For Preparing 'False' Medical Report To Cause Wrongful Harm To Accused

The bench of Justice Subhash Vidyarthi ordered an inquiry into the conduct of the Doctors (Lalit Kaushik and Imran) working with V-Bros Hospitals, Saharanpur after noting that the report prepared by them regarding the injury sustained by the injured person was inherently improbable.

It may be noted that during the investigation, Dr. Lalit Kaushik stated that the injured had two gunshot wounds, the entry point of the bullet was above the left nipple and the exit point of the bullet was below the left nipple. Similar statements were given by Dr. Imran as well.

Taking into account their statements and the facts of the case, the Court noted that it was inherently improbable that the bullet which enters from the front side of the chest would cause an exit wound on the front side of the chest itself.

“The aforesaid facts, prima facie, raise a serious suspicion regarding the conduct of Dr. Lalit Kaushik and Dr. Imran of VBROS Hospital, who have examined and treated the injured Raman Chaudhary,” the Court added as it ordered an inquiry against both the doctors.

Essentially, the Court passed this order while granting bail to one Ghanshyam Pandit, who has been accused of firing upon the victim with the intention of killing him.

In its order, the Court noted that the Medico-legal examination report of the injured person/victim prepared by S.B.D. District Hospital, Saharanpur (where the victim was admitted initially), mentioned that all the injuries were simple in nature caused by some hard and blunt object.

The Court further noted that subsequently, the victim was taken to a private hospital (where two abovenamed doctors work), wherein another report was prepared that specified the presence of gun injury on his chest.

“…although the injured stated in his statement that one bullet had hit on his chest, in the medico legal examination of the injured prepared by the SBD District Hospital, Saharanpur, no injury caused by gun shot has been reported; that the medico legal examination report of the injured person prepared by the SBD District Hospital, Saharanpur mentions two muscle deep lacerated wounds, which were advised to be kept under observation and an abrasion; the injured was taken to a private facility Hospital where he was admitted on 16.06.2022 and discharged on 20.06.2022 and in the case summary prepared on 29.06.2022, the doctor has mentioned an entry wound and an exit wound, both on the front side of the chest,” the Court observed. [emphasis supplied]

In view of this, without making observations that may affect the merit of the case, the Court opined that aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

Appearances

Counsel for Applicant: Sunil Kumar Srivastava

Counsel for Opposite Party: G.A.,Mohit Kumar

Case title - Ghanshyam Pandit vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 42581 of 2022]

Case Citation: 2023 LiveLaw (AB) 2

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