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Bombay HC Refuses To Quash FIR Against Doctors Over Alleged ICU Oxygen Supply Disruption

CB News Desk

Bombay High Court refused to quash FIR against three doctors over alleged ICU oxygen supply disruption, holding that prima facie material required the case to proceed. - Dr. Ramesh Kisanrao Sonawane & Ors. v. State of Maharashtra & Anr.

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Bombay HC Refuses To Quash FIR Against Doctors Over Alleged ICU Oxygen Supply Disruption
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The Bombay High Court has refused to quash an FIR against three doctors accused of allegedly switching off the oxygen supply to an ICU during a confrontation at a hospital in Pune. Justice Ranjitsinha Raja Bhonsale held that the material collected during investigation disclosed a prima facie case and that the accused could raise their defences during trial.

Background

The case arose from an incident at Sai Jeevan Hospital on July 22, 2020. According to the FIR, the complainant was waiting outside the ICU where his child was admitted when three persons allegedly confronted him, threatened him and asked him to take the child away. The FIR further alleged that the oxygen supply to the ICU was turned off during the incident and that Dr. Mahendra Chavan was threatened.

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The three petitioners - Dr. Ramesh Kisanrao Sonawane, Dr. Bhushan Ramesh Sonawane and Harshal Ashok Sonawane sought quashing of FIR No. 245 of 2021, registered at Talegaon-Dabhade Police Station under Sections 308, 336, 504, 506 read with Section 34 of the IPC.

The petitioners disputed the allegations and argued that the dispute arose from matrimonial and control-related issues concerning the hospital. They also relied on hospital records, claiming that the medical documents did not corroborate that the oxygen supply had actually been shut down.

The Court noted that the chargesheet contained statements of nurses, hospital staff and watchmen. It also found that the petitioners' presence at the hospital could not be disputed at the prima facie stage. The Court held that the explanation for the delay in lodging the FIR was a matter that could be examined during trial.

The Court further observed that proceedings under Section 482 CrPC are not meant to become a detailed examination of evidence. Referring to Supreme Court decisions, Justice Bhonsale held that the High Court cannot conduct a “mini trial” while considering a plea seeking quashing of criminal proceedings.

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The Court stated:

“The Petitioners have the liberty to raise their defences at the trial during the cross examination or by examining their own defence witnesses.”

Justice Ranjitsinha Raja Bhonsale concluded that the FIR disclosed a prima facie case and that the petitioners had not established grounds for exercising the High Court's inherent powers under Section 482 CrPC.

The Court accordingly dismissed Writ Petition No. 2553 of 2022.

Case Details

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Case Title: Dr. Ramesh Kisanrao Sonawane & Ors. v. State of Maharashtra & Anr.

Case Number: Writ Petition No. 2553 of 2022

Judge: Justice Ranjitsinha Raja Bhonsale

Decision Date: 22 September 2026

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