Law: Penal Code (XLV of 1860)

Section: 322

Penal Code (XLV of 1860)--- ---S. 322--- Sindh Health Care Commission Act, 2013 (VII of 2014), Ss. 4(6)(b) 29---Qatl-bis-sabab---Investigation into allegations of mal-administration and malpractice of medical professionals---Immunity---Scopes sought quashing of FIR lodged under S.322, P.P.C. against them--- Validity--- Section 322, P.P.C. attracted to the case if death was caused due to criminal negligence of the petitioners (Medical professionals)s belonged to medical profession and settled test of medical negligence provided that “a medical professional was not guilty of negligence if he had acted in accordance with a practice accepted as proper by a responsible body of a medical men skilled in the particular art”---Sindh Health Care Commission was constituted to determine whether the petitioners had committed medical negligence or not---High Court referred the matter to Sindh Health Care Commission under S.4(6)(b) of Sindh Health Care Commission Act, 2013 for inquiry/investigation with direction to transmit the result of investigation to the Trial Court---Constitutional Petition was disposed of accordingly. Bolam v. Firern Hospital Management Committee 1957(2) All England Law Reports 118 fol. JUDGEMENT FAHIM AHMED SIDDIQUI, JUSTICE:---.--- The petitioners are belonging to medical profession and performing their jobs as doctors in Civil Hospital Tando Allahyar. They have challenged the lodgment of FIR being Crime No. 95 of 2017 at Police Station A-Section Tando Allahyar under section 322, P.P.C. and have sought quashment of the same by preferring the instant petition. 2. The factual matrix of the case is that respondent No. 2 being, complainant of aforementioned FIR, reported to police that on 19.08.2017, his brother Manthar Ali was suffering from some asthmatic disorder, as such, he was immediately taken to Civil Hospital Tando Allahyar. When he reached in the emergency ward of the hospital, he found that doctor was missing. On enquiry, it came to his knowledge that duty medical officer Dr. Rasheed Shaikh (petitioner No. 2) was sitting in the office of Medical Superintendent, where he was contacted and requested to attend the patient. The petitioner No. 2…

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