P&H: Quashes Summoning Order in Medical Negligence Case, Says Trial Court Ignored Its Own Direction for Second Medical Opinion

punjab-haryana
⚖️ Order Date: 05 Jun 2026
Headnotes

Bharatiya Nagarik Suraksha Sanhita, 2023, S.528, Indian Penal Code, 1860, S.304A - Quashing of summoning order - Medical Negligence - Trial Court had directed that second opinion be sought from PGI Chandigarh, but passed summoning order without waiting for that second expert report - Impugned...

Bharatiya Nagarik Suraksha Sanhita, 2023, S.528, Indian Penal Code, 1860, Section 304A - Quashing of summoning order - Medical negligence - Expert opinion - Judicial discipline - Trial Court's own direction for expert report - Where the trial Court itself found that interest of justice required second...


Facts of the Case

P&H: Quashes Summoning Order in Medical Negligence Case, Says Trial Court Ignored Its Own Direction for Second Medical Opinion

The Punjab and Haryana High Court has quashed a summoning order passed against a doctor in a criminal complaint alleging medical negligence, holding that the trial court acted improperly by issuing summons without waiting for an expert opinion it had itself ordered from PGI Chandigarh.

The case arose from a complaint filed by Sourabh Chhabra, who alleged that his 22-year-old sister died after treatment at the doctor’s hospital in Gurugram. He claimed that a Voveran injection was administered, complications followed, and the patient was shifted to another hospital where she was declared dead. He also alleged that police action was...

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