Corona scandal and death of a woman: Court orders registration of FIR against six doctors.

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Corona scandal and death of a woman: Court orders registration of FIR against six doctors.

The woman had lost her life in a minor operation and the doctors had refused to give her dead body to her family, based on a bogus corona positive RT-PCR test.

Her husband had already done five tests – one RAT and four RT-PCR tests and all were negative, which proved the forgery and dishonesty of the Doctors. The Court directed the police for registration of FIR under offences of conspiracy, forgery, causing death by negligence and destroying evidence.The Police Station at Panvel City has already registered an FIR against six Doctors u. sec 304-A, 465,471,120(B), 201, r/w 34 of IPC.

The court order reads thus;

“6. Now coming to the merits of the present application, it could  be seen that, a woman has lost her life over a minor operation of abortion. As the operation was conducted in the high tide of the ongoing pandemic, therefore, the concerned doctors ought to have scrupulously followed the guidelines of the ICMR regarding testing of the patients before conducting any operation. From the allegations set­ forth in the present application, it could be seen that, there are about 6 reports for COVID­19, out of which one is positive and the others are negative. Shockingly, the sample for these tests were taken in a short span of 3 days. Therefore, the present case appears to   be   case study   material   to   find   out   how   a  person   can   come negative for COVID­19 in just one day. The allegations that, the Gandhi hospital was not releasing the dead body on the guise of the deceased being tested positive for COVID­19 and then eventually allowing   postmortem   to   be   conducted   raises   further   suspicion. Therefore, whether these tests were really conducted or it was used as an excuse to not allow the applicant and his family to know the real cause of death is to be investigated which can be done only by the police machinery. Further, if this allegation has any truth to it then the next thing to discern is why this route was adopted by the non­ applicants. Was it to hide any medical negligence that resulted in the death of the deceased Ashwini?  These things can be brought before   the   Court   which   can   only   be   done   after   a   thorough investigation   by   the   police   machinery.   Therefore,   this   Court   is convinced that, the present application deserves directions under section 156(3) of the Cr.P.C. for registering an offence under section 304­A, 465, 471, 201, 120­B r/w 34 of the I.P.C.

The Officer in ­charge of Panvel City police station is  directed as per section 156(3) of the Cr.P.C. to register the first information report against the non­ applicants for offence p.u.s. 304­-A, 465, 471, 120­B, 201 r/w 34 of the I.P.C. and investigate in accordance with law.”

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Nishant Thavai Vs. Ramesh Patel (Panvel Court)

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