Bharatiya Nyaya Sanhita, 2023–Sec. 105 [Corresponding Sec. 304 of IPC, 1860]–FIR for the offence–Sustainability–Allegation of medical negligence–State Level Medical Expert Committee unequivocally concluded that no prima facie evidence of medical negligence was found–There was no prima facie material indicative of culpable medical negligence–Though the expert neurologist consulted during the course of ineternal inquiries had recommended certain diagnostice protocols but omission thereof, in the expert view, did not rise to a level of deliberate or rackless indifference amounting to criminal misconduct–Practice followed by the treating physician is one that falls within the ambit of recognized and acceptable medical practice–Continuation of criminal proceedings would not only be contrary to the legal principles but would also result in the undue harassment of medical professional and strike at the very root of responsible clinical autonomy–FIR quashed.
