Law: Khyber Pakhtunkhwa Health Care Commission Act, 2015

Section: V,13,19,33

Law: Khyber Pakhtunkhwa Health Care Commission Conduct of Business Regulations, 2016

Section: 5(a)

Law: Penal Code (XLV of 1860)

Section: 332

Law: Criminal Procedure Code (V of 1898)

Section: 154

Law: Constitution of Pakistan, 1973

Section: 199

Khyber Pakhtunkhwa Health Care Commission Act (V of 2015)--- ----Ss. 13, 19 & 33---Penal Code (XLV of 1860), S. 322---Criminal Procedure Code (V of 1898), S.154---Constitution of Pakistan, Art. 199---Khyber Pakhtunkhwa Health Care Commission Conduct of Business Regulations, 2016---Medical negligence by a medical practitioner---Immunity---Overriding effect---Quashing of FIR---Constitutional jurisdiction of High Court---Scope---Petitioner/accused sought quashing of FIR by invoking constitutional jurisdiction of the High Court--Validity---Allegations against the petitioner/accused was that she, being a medical practitioner, negligently and carelessly attended to wife of complainant during her delivery process, as result whereof she died and consequently the baby she had conceived was also lost---In the present case, the complainant had leveled the allegations of negligence against the petitioner and a special law i.e. Khyber Pakhtunkhwa Health Care Commission Act, 2015,was available to deal with the matter but he, without exhausting the remedy under the Act, resorted to criminal proceedings which could not be sustained in view of the bar contained in S. 19 of the Act, according to which no suit, prosecution or other legal proceedings related to provision of private health care service shall lie against a health care establishment except under the Act---When there is a conflict between a special law and a general law, the former would prevail over the latter---Thus, mode of the proceedings conducted on the report of complainant were illegal being contrary to the provision of the Act, 2015---Complainant in the present case, being an aggrieved person because of death of his wife due to alleged negligence of the petitioner in her hospital, had not made any complaint to Commission in the mode and manner as prescribed under S. 13(1) of the Act---Complainant reported the matter to local police on which an inquiry was conducted and thereafter the FIR in question was registered against her in total disregard of the Act which was in the field at the relevant time followed by Khyber Pakhtunkhwa Health Care Commission Conduct of Business Regulations, 2016 (the…