Gujarat High Court
Criminal LawCriminal Procedure and Evidence

Criminal prosecution of a doctor for negligence requires credible medical opinion supporting the charge.

AMIT SUBHASH MOHEKAR vs STATE OF GUJARAT

Gujarat High CourtJUDGMENT: October 14, 20262 MIN READSOURCE JUDGMENT
Criminal prosecution of a doctor for negligence requires credible medical opinion supporting the charge.. AMIT SUBHASH MOHEKAR vs STATE OF GUJARAT. Gujarat High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner’s wife died after undergoing laparoscopic myomectomy on 22 February 2025 and being transferred to another hospital; she died the following day.

Source reference: p. 3–4

The petitioner alleged medical negligence and sought registration of an FIR.

Source reference: p. 1–2

In an earlier petition, the High Court had directed the Commissioner of Police to decide the petitioner’s representation dated 1 May 2025, preferably within eight weeks, but the representation remained undecided.

Source reference: p. 3–4

In the present proceedings, the State placed before the Court a medical-board opinion concluding that the treatment had been proper and that there was no criminal negligence.

Source reference: p. 4–6
02

Issues

Whether, in light of the medical-board opinion finding no criminal negligence, the Court should direct the police to register an FIR against the treating medical officers.

Source reference: p. 5–8

Whether the failure to decide the petitioner’s representation within the period contemplated by the earlier order warranted further relief in the present petition.

Source reference: p. 3–5
03

Law Applied

The Court relied on Jacob Mathew v. State of Punjab, (2005) 6 SCC 1.

Source reference: p. 6–8

In prosecutions alleging criminal rashness or negligence by medical professionals, an investigating officer should obtain an independent and competent medical opinion—preferably from a qualified government doctor in the relevant branch—before proceeding against the doctor; a private complaint should be supported by credible medical opinion.

Source reference: p. 6–8

The Court also noted the Supreme Court’s warning against using criminal proceedings to harass or pressure medical professionals.

Source reference: p. 6–8
04

Reasoning

The Court considered the medical-board opinion, which discussed possible complications associated with vasopressin and the patient’s post-operative condition, but concluded that the treatment had been proper and that there was no criminal negligence.

Source reference: p. 5–6

Applying Jacob Mathew, the Court held that an FIR against the medical officers could not be directed merely on the petitioner’s allegation where the competent medical opinion did not support criminal negligence.

Source reference: p. 6–8

The earlier order required the Commissioner of Police to decide the representation; it did not itself direct registration of an FIR.

Source reference: p. 3–4
05

Holding

The Court declined to direct registration of an FIR and dismissed the petition, concluding that the medical-board opinion disclosed no criminal negligence warranting prosecution on the material before it.

The petition was dismissed accordingly; no further relief was granted.

Source reference: p. 8
06

Acts & Sections Cited

6 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.

Indian Penal Code, 18601

Gujarat High Court

Original Court PDF

AMIT SUBHASH MOHEKARvsSTATE OF GUJARAT

Gujarat High Court · October 14, 2026

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