no violation of Punjab Health Care Commission Act 2010

IN THE COURT OF (NAME OF THE JUDGE), ADDITIONAL SESSIONS JUDGE/EX-OFFICIO JUSTICE OF PEACE, XYZ

Amin   Versus SHO, PS ABC XYZ.

Petition u/s 22-A/22-B of Cr.P.C.

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Present        Petitioner along with name of the Advocate.

Name of Advocate for proposed accused Silver lady.

                  

                   Through the instant petition under section 22-A/22-B Cr.P.C.  Petitioner seeks a direction to police to register a criminal case against Silver lady proprietor Universal Maternity Clinic.

                   It is alleged in the petition that  Bibi deceased was wife of petitioner  who had given normal birth to three children. That Bibi  was pregnant and proposed accused Silver lady was regularly   conducting her medical check ups  as Gynecologist/Ultra Sound Specialist  as detailed in the petition. That Silver lady herself conducted minor operation of Bibi  for delivery but Bibi died of over bleeding due to insufficient apparatus and absence of  qualification  on the part of the Silver lady. It is further alleged in the petition that Silver lady does not have any certificate of specialist of concerned field.

                   Learned counsel for the petitioner submitted that  Silver lady committed Qatl-bis-sabab  (kind of murder) and she is merely a Lady Health Visitor (Nurse), that any doctor was not present in her clinic,  she herself conducted minor operation of Bibi when the latter was suffering from high blood pressure  which caused excess bleeding.  Reliance was placed on 2011 YLR 2466, 2010 YLR 2091 (Lahore), 2011 YLR 1549 (Lahore) and PLD 2007 Supreme Court 539.

                   Learned counsel for the proposed accused submitted that Silver Lady  is a qualified Lady Health Visitor. That she runs a clinic where qualified Doctors are also comes  on call for operation.  That as investment is made by Silver Lady, her name is also printed on letter pad. The operation  was conducted by Doctor. That if any professional misconduct is committed by the Doctor, petitioner should approach Health Care Commission.

                   I have heard the arguments and perused the record.

                   The  police comments are accompanied by photocopy of Lady Health Visitor  Diploma  of Silver Lady. It is established  that Silver Lady is not a doctor or Registered Medical Practitioner  but copies of various prescriptions and reports annexed with the petition on letter pad of Universal  Clinic & Maternity Clinic  show her as Gynecologist/Ultrasound Specialist. The petitioner  has not arraigned any doctor  in his petition. Therefore,  there would be no violation of Punjab Health Care Commission Act 2010  if a criminal case is registered against proposed accused Silver Lady. The circumstances warrant a direction to police for registration of FIR, therefore, petition is granted. The respondent SHO Police Station ABC, XYZ is directed  to record statement of the petitioner  and to register an FIR under the relevant provisions of law. File be consigned to the record room after its due completion.

Announced

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Judge/ Ex-Officio Justice of Peace