Indian News

HC dismisses appeal by police inspector

Source: , Posted On:   15 March 2021

HC dismisses appeal by police inspector | Madurai News - Times of India

Madurai: The Madras high court has dismissed an appeal by an inspector of police challenging an order of a single judge who directed disciplinary proceedings against him for trying to safeguard a doctor in a case in which a pregnant woman died due to medical negligence. The court also observed that the manner in which records were created to show that the woman died during transit to the government Rajaji hospital (GRH), needs to be inquired.
Sakthikali was admitted at the K Pudur urban primary health centre (UPHC) on September 14, 2019 for delivery. When she went into labour, the duty doctor was not in the hospital. Later, her husband Manimuthu who noticed his wife lying in a pool of blood rushed her to the GRH, however, she was declared brought dead. Based on his complaint, the K Pudur police had registered a case under section 174 CrPC.
Manimuthu moved the HC Madurai bench seeking compensation of Rs 10 lakh for medical negligence.
The single judge found prima facie material that the inspector Muthukumar attempted to protect the doctor, who was working in the UPHC and has created records as if the woman died during transit. Hence, the judge had directed the Madurai city commissioner of police to initiate appropriate departmental action against the inspector.
Challenging the order, Muthukumar filed an appeal. A division bench of justices N Kirubakaran and B Pugalendhi observed that as per Sub Section 4 of Section 174 CrPC, the inquest in this case of nature, has to be conducted by any of the magistrates. However, in this case, the sub-inspector of police (SI) who registered the FIR had conducted the inquest.
The judges observed that the appellant has not paid due attention in this case and allowed the investigation to be proceeded by the SI and dismissed the plea.