The Bombay High Court has refused to quash an FIR against a father-son doctor duo and their accomplice accused of assaulting a paediatrician and disconnecting the oxygen supply to the ICU of his hospital in Pune district, putting admitted children at risk.
A single-judge bench of Justice Ranjitsinha Raja Bhosale dismissed a petition filed by Dr Ramesh Sonawane, 69, his son Dr Bhushan Sonawane, 36, and nephew Harshal Sonawane, holding that there was sufficient material to establish a prima facie case against them.
The trio had approached the HC in 2022 seeking quashing of an FIR registered at Talegaon Dabhade Police Station on July 24, 2021, under Sections 308, 336, 504 and 506 read with Section 34 of the Indian Penal Code.
The FIR followed a complaint by Dattatray Waware, whose son was admitted to Sai Jeewan Hospital, co-owned by Dr Mahindra Chavan. According to Waware, the incident occurred around 11.30pm on July 22, 2020, when the accused arrived at the hospital, allegedly abused and assaulted Chavan and disconnected the oxygen supply to the ICU.
Waware said nurses rushed to the ICU and restored the oxygen supply. He later noticed that his son was uncomfortable.
{{/usCountry}}Waware said nurses rushed to the ICU and restored the oxygen supply. He later noticed that his son was uncomfortable.
{{/usCountry}}The Sonawanes claimed they had been falsely implicated due to a matrimonial dispute between Chavan and his estranged wife, Nilima, Dr Ramesh’s daughter. They alleged that the dispute was over control of the hospital.
Rejecting the plea, Justice Bhosale said witness statements prima facie implicated the petitioners and that “no case is at all made out” could not be said.
The court also rejected a separate plea by Nilima Chavan, Bhushan and two others seeking quashing of another FIR alleging assault and abuse of Dr Mahindra, holding that sufficient prima facie material existed for the trial to proceed.