Law: Code of Criminal Procedure (CrPC), 1898

Section: 22-A, 22-B

  Criminal Procedure Code, 1898 (V of 1898)------Ss. 22-A/22-B--Pakistan Medical and Dental Council Act, 2022 (IV of 2023), S. 50--Medical Tribunal Act, 2020--Punjab Healthcare Commission Act, 2010--Islamabad Healthcare Regulation Act, 2018--S. 4--Islamabad Healthcare Regulation, 2023--Healthcare Regulatory Authority--Ex-Officio Justice of Peace--Registration of criminal case--Negligence of Nursing Staff and Doctors--Respondent No.2 filed a complaint for registration of FIR--Paramedical staff working in Shafi Hospital, his daughter was kept in nursery by Doctors after delivery, her legs were found burnt due to negligence of Nursing Staff and Doctors--He moved application before SHO for registration of criminal case against Nursing Staff and Doctors and Ex-Officio had passed impugned order with direction to SHO to register of FIR--Section 4 of Act deals with powers and functions of Authority--Healthcare Regulatory Authority performs its duties through Board--The Board was to be notified by Authority, which should be consisting of 09-members-- Act also provides penalty and offences against healthcare profession as well as establishment, who operate without registration and license--PMDC was also equipped with powers to cancel license of healthcare profession in a proper manner--PMDC in terms of Section 41 could not take cognizable of any offence, which exclusively falls within domain of Medical Tribunal Act, 2020, except on complaint in writing made by Authorized officer-- Unlike, Punjab Healthcare Commission Act, 2010, there is no explicit immunity clause provided in Islamabad Healthcare Regulation Act, 2018 that no suit, prosecution or other legal proceedings related to healthcare services shall lie against a healthcare service provider, except under PHCA, 2010--IHRA Act had overriding effect thus before lodging and FIR and to determine offence, concerned police station should write a letter of request to IHRA for their expert opinion as laid down in Regulation No.54 in IHR, 2023--Complaint should be filed before IHR Authority at first instance if Authority comes to conclusion that it was a case of medical negligence and Authority pinpoints role and…