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Dr.Pramod Eknathrao Jadhav

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Artificial Intelligence (A.I.)  in Cochlear Implants by Dr.Pramod Eknathrao Jafhav


The artificial intelligence (AI) successfully impleaded in Apollo, BLK, C.I. Institute, Koti to achieve the task of automatic speech recognition (ASR) and natural language processing, our team experienced that the incorporation of DNNs has resulted in gaining improvised performance.

The nucleus 8 sound processor features cochlear's latest and most innovative hearing technology that can sense changes in a person's environment and automatically adjust their listening settings.

The use of AI driven hearing aids have demonstrated an ability to improve hearing ability in noisy conditions by 54% apart from potentially erasing the social stigma around loss of hearing.

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Cochlear implants blended with Artificial Intelligence by Dr. Pramod E. Jadhav (Otoneurosurgeon), Dr. V. Umesh (Otoneurosurgeon)

Abstract: Purpose of study is to compare performance in cochlear implant subject using experienced clinical (EC) standard programming methods against an artificial intelligence, FOX based algorithm programming.

SETTING: Tertiary referral centres.

COGNITIVE MODEL: Prospective, nonrandomized.

SUBJECTS: 54 adult subjects with ≥ 3 months experience with a nucleus 5, 6, 7 sound processor.

Intervention: Therapeutic Main Outcome Measures: CNC words and AzBio sentences in noise (+10 dB SNR) tests were administered in a soundproof booth followed by a direct connect psychoacoustic battery using the EC program. Tests were repeated 1 month later using the optimized FOX program. Subjective measures of patient satisfaction were also measured.

Results: Performance for the EC program was compared to the FOX program for both measures. Group mean results revealed equivalent performance (Kruskal-Wallis ANOVA p = 0.934) with both programming methods. While some patients had better performance with the FOX method and some performed more poorly, the majority had equivalent performance and preferred the FOX system.

Conclusion: The study demonstrated that on average, FOX outcomes are equivalent to those using traditional programming techniques. In addition, the FOX programming method can effect standardization across centers and increase access for many individuals who could benefit.

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Brief Summary

This thesis project proposes to investigate the "state of the art" of the programming of the cochlear implant. In the center of audiophonologie Brussels, the classic 'manual programming' has been in use over 20 years and also the new way 'Artificial Intelligence programming'. The investigators want to compare, objectify, and control this new mode of programming.

The study is planned over 4 years, in order to test, randomized, 15 subjects with manual programming and 15 other subjects with Artificial Intelligence programming. To test the performance of Cochlear Implant patients, audiological, language auditory perception and questionnaire tests will be presented.

This research aims to determine the contribution and results of Artificial Intelligence programming.

Experimental: Artificial Intelligence
The patient is receiving the new treatment:
4 sessions of 1 hour during one year where the clinician programs the Cochlear Implant with the FOX (Fitting to Outcome eXpert) software using artificial intelligence.

Other: Manual intervention to programme Cochlear Implant electrodes. The Clinician test the 22 electrodes so that the patient is able to hear the language.

(This study is being done in subjects; in continuation to published research of NYU School of Medicine U.S.A. NeuroOtology institute., confirming the results in INTEGRATED PROGRAMS.)
Sponsored by : COCHLEAR.

Science of Innovation: Micro-Fabrication for Cochlear Implants


Part 4 of Science of Innovation Series
Angelique Johnson is the CEO of MEMStim, a company that is innovating how electrode arrays in cochlear implants are manufactured. Using automated micro-fabrication, instead of costly hand-made manufacturing, Johnson is able to lower the cost of production, allowing more people in need of implants to afford them.
"Science of Innovation" is produced in partnership with the National Science Foundation and the United States Patent and Trademark Office.


 The Hon'ble High Court Judicature of Andhra Pradesh at Hyderabad in W.P.No:16032/2013

Issues orders to set aside the illegal, arbitrary order of termination against Dr. Pramod Eknathrao Jadhav Professor ENT RIMS Adilabad.

The Hon'ble Justice Noushad Ali in his order stated that "Therefore it is evident that no notice was given to the petitioner before passing the impunged order as contemplated under condition No.6 of the appointment. Hence I am of the considered view that the impunged order is liable to be set aside on this sole ground." The rule made absolute

Counsel for petitioner : Shri Surender Reddy

Counsel for Govt : Govt pleader

The Hon'ble High Court, Hyderabad issues contempt of court notice to RIMS Doctor Dr.M. Sasidhar (Prof. Of Microbiology) for disobeying Hon'ble High Court Orders in C.C. of 2014 in W.P.No.16032/2013

Legal notice issued to Dr.K. Venkatesh & others for submitting false enquiry report without issuing charge sheet.(Ref. W.P.no. 16032/2013)

Inspite of legal notice served upon (1) Dr. K. Venkatesh (DME) Sultan Bazar, Koti Hyderabad, (2) Dr.P. Shrinivas (Osmania Medical College), (3) Dr.M. Chandrashekhar (Gandhi Hospital Hyderabad), (4) Dr. Upendra Goud (Anae. Gandhi Hospital Hyderabad) to submit strict proof of baseless allegation levelled against Dr. Pramod E. Jadhav, Dr.Ibatte K.N. & Dr. Manoj Joshi in W.P.No. 16032/13, they never replied to the legal notice nor could they submit any proof. Only based upon their prejudice and whims they perporated a totally false, baseless report and submitted before the Hon'ble High Court. That Dr. Ravinder Reddy and team who allegedly used to sell unclaimed dead bodies to private medical college and whose illegal criminal act were collusively interlaced conspirators were opposed by Dr. Pramod E. Jadhav, Dr.K.N.Ibatte,Dr. Manoj Joshi, fearing legal action they tried to terminate services of opponents.

Adilabad is a tribal area, people are mostly illiterate, taking disadvantage of this then unqualified Dr. Ravindra Reddy, Dr. Raja Reddy have been commiting misappropriation under the guise of faculty.

When due to termination of full time faculties the patient care come to peril the Adilabad Citizens forum started agitation and represented to the Government for reinstitution of services of three doctors.

Dr.Pramod E. Jadhav had perceived and completed his training in cochlear implant, base skull endoscopic surgeries, he has research publications stated below while under service in RIMS Adilabad.

Editor's Guild of India

To know view about the Hon'ble High Court order reinstituting renouned cochlear implant surgeon Dr. Pramod E. Jadhav's services, Dr. Pramod E. Jadhav was unavailable due to his too busy schedule in Apollo, BLK group of Hospitals. However his counsel Mohanrao Solicitor firm confirmed that the renouned cochlear implant surgeon due to his busy schedule is not available for comments.

That the solicitor firm is preparing to expose illegal activities, false deeds, inhuman sale of tribal dead bodies by filing Public Interest Litigations against Dr. Ravindra Reddy and others for causing defamation.


Lapses in service: three RIMS doctors asked to leave

The Institute Director sent on forced leave by the Principal Secretary, Health

May 28, 2013 09:16 am | Updated 09:16 am IST - ADILABAD:


STAFF REPORTER

COMMENTSSHAREREAD LATER


While three doctors, serving in important positions at the Rajiv Gandhi Institute of Medical Sciences (RIMS), Adilabad, were served with notice of termination of service, the Institute Director was sent on forced leave by the Principal Secretary, Health.

This constitutes a corrective measure taken by the government after the services at RIMS began getting affected due to functional lapses on part of the doctors.

The doctors, who were served with one month’s notice of termination of service, are K.N. Ibatte, Professor and Head of the Department, Surgery; Dr. Pramod Jadhav, Professor and Head of the Department, ENT and Dr. Joshi, Assistant Professor of Anatomy. The Director, M. Ravinder Reddy, handed over the charge of the Institute to Dr. M. Shashidhar before going on leave.

A three-member team deputed by the Director of Medical Education had recently inquired into the complaints against the doctors in question with regard to non-performance and other misdemeanours including reporting to duty in inebriated state.

The charges were apparently found to be true going by the move of the government.

According to a memo issued by the Principal Secretary, Health, the action against the Director was a result of a report sent by Adilabad Collector A. Ashok a few days ago.

The latter had opined that continuation of the incumbent in the post may disrupt smooth functioning of the RIMS besides threatening law and order situation.



To, The Chairman, Institutional Ethics Committee RIMS ADILABAD

Applicant: Dr. Jadhav Pramod Eknathrao, Associate Professor, Dept. of ENT RIMS, ADILABAD (A.P.). I have operated Mr. N. Nakanna, Age 65 Years, Male with Nasal tumor, On Histopathology report revealed that the patient had spindle cell sarcoma. This pathology is very rare and when I cross checked the references there is not a single case reported up till now/ Hence I sent the sample slides for Inmuno Histochemistry a confirmative evolution and sought the report. In the interest of information to Medical Community and a evoke more interest in seeking feedback from Medical Researchers, I feel this case should be reported in Medical Research Journal. I have obtained necessary consent from patient to publish his case report and photograph.

I therefore request the chairman IEC and Members of IEC RIMS ADILABAD to kindly give me permission to publish the case report of "Rare Case of Spindle Cell Sarcoma in Nasal Cavity" and oblige.

Thanking You.

Dr. Jadhav Pramod Eknathrao About Rare Case of Spindle Cell Sarcoma in Nasal Cavity - Dr. Jadhav Pramod Eknathrao, Associate Professor, Dept. of ENT RIMS, ADILABAD (A.P.)

Dr. Jadhav Pramod Eknathrao About Rare Case of Spindle Cell Sarcoma in Nasal Cavity - Dr. Jadhav Pramod Eknathrao, Associate Professor, Dept. of ENT RIMS, ADILABAD (A.P.)

Dr. Jadhav Pramod Eknathrao About Rare Case of Spindle Cell Sarcoma in Nasal Cavity - Dr. Jadhav Pramod Eknathrao, Associate Professor, Dept. of ENT RIMS, ADILABAD (A.P.)


 

Rajiv Gandhi Institute of Medical Sciences (RIMS) ADILABAD, MEDICAL EDUCATION UNIT, PARTICIPATION CERTIFICATE to Dr.Jadhav Pramod Eknathrao in Workshop Programme on Research Methodology.Dr. Jadhav Pramod Research RIMS ADILABAD



Medical Council of India, Dr.NTR University of Health Sciences, PARTICIPATION CERTIFICATE to Dr.Pramod Jadhav in Medical Education Technology.
Pramod Jadhav Medical Council of India, Dr.NTR University of Health Sciences


Datta Meghe Institute of Medical Sciences (Deemed University), 'The Nodal Centre for National Faculty Development' Recognized by Medical Council of India, New Delhi, This is to certify that Dr.Pramod Eknathrao Jadhav Participant for the "Orientation Program for Dean's & MEU Coordinators" at Jawaharlal Nehru Medical College, Sawangi (Meghe), Wardha, Maharashtra Medical Council has granted TWO Credit hours for this activity.

Dr.Pramod Eknathrao Jadhav Datta Meghe Institute of Medical Sciences Jawaharlal Nehru Medical College, Sawangi (Meghe), Wardha.


Rajiv Gandhi Institute of Medical Sciences (RIMS) ADILABAD, (Government of Andhra Pradesh) Awards this Certificate of Appreciation to Dr.Pramod Eknathrao Jadhav, In recognition of his distinguish Coordination and Organization of "Basic Workshop in Medical Education Technologies" Which is conducted by The Nodal Centre for National Faculty Development' Recognized by Medical Council of India, Jawaharlal Nehru Medical College, Sawangi (Meghe), Wardha.

Dr.Pramod Eknathrao Jadhav


MAHARASHTRA UNIVERSITY OF HEALTH SCIENCES, NASHIK, PARTICIPATION CERTIFICATE to Dr.Pramod E Jadhav in the contact session of the 5th Advanced Course in Health Sciences Educational Technology and Educational project on "DEVELOPMENT OF RESEARCH APTITUDE IN UG, MBBS STUDENTS, POSTED IN ENT DEPARTMENT OF RIMS, ADILABAD".

Dr.Pramod Eknathrao Jadhav MAHARASHTRA UNIVERSITY OF HEALTH SCIENCES, NASHIK


GUJARAT JOURNAL OF OTORHINOLARYNGOLOGY AND HEAD and NECK SURGERY
Index Copernicus-Poland, HINARI W.H.O.-Switzerland, Indian Citation Index-India, ISSN 0973-1024
Acceptance latter for "Spindle Cell Sarcoma of Nasal Cavity" authored by Dr.Pramod E Jadhav, Dr.Swapnatai A Meshram, Dr.Rajnish S Borkar ADILABAD, AP.
This article published in journal "Gujarat Journal of Otorhinolaryngology and Head and Neck Surgery".
Dr.Pramod E Jadhav GUJARAT JOURNAL "Spindle Cell Sarcoma of Nasal Cavity" authored by Dr. Pramod E Jadhav, Otorhinolaryngology, Head and Neck Surgery".


This is to certify that Dr.Pramod Jadhav (Professor & HOD of ENT Dept.) is permitted to publish  the data of institution in Review Article in "Intracranial Complications" and as Short Communication for comparative study of Literature of JNA at RIMS, Adilabad as the study does not violate any ethical guideline of research and publication.

Dr.Pramod Jadhav ENT Professor

Rajiv Gandhi Institute of Medical Sciences (RIMS) ADILABAD, Institutional Ethics Committee

This is certify that Dr.Pramod Eknathrao Jadhav (Professor & HOD of ENT Dept.) is in its meeting held on 22-08-2012 at 4.00PM hours in the meeting room Medical Educayion Unit Hall reviewed and discussed the case report entitled "A Rare Case of Spindle Cell Sarcoma in Nasal Cavity" submitted as RC.No.22/IEC/2012 dated 12-08-2012 to be published in indexed journal. 

Submitted by Dr.Pramod E. Jadhav as Principal Investigator; Co-investigators: Dr. Swapnatai A. Meshram; Dr. Rajnish S. Borkar.

Dr. Pramod Jadhav Professor & HOD of ENT Dept.

Dr. Pramod Jadhav ENT



Pramod E Jadhav, S. Meshram, R. Borkar, Satyanarayana, M. Hemanthrao less

Published 1 March 2013

Medicine, Biology

Background: A pathogen is defined as an organism that has potential to cause disease. Sore throat is one of the commonest complaint of the patients in ENT OPDs. The prevalent cause of sore throat in India is group A streptococci (GSA). But the physicians across the country underestimate the real cause of the sore throat and prescribe the irrational use of antibiotic leading to development of resistance towards the antibiotics by the pathogens.

Aims: The present research is taken to estimate the pattern of pathogens and their sensitivity to different antibiotics in the patients of sore throat in Adilabad, a tribal region of Andhra Pradesh.

Material & Methods: The study was conducted at RIMS, Adilabad Medical college and hospital. 375 throat swab samples were collected with all aseptic precautions from the sore throat patients in ENT OPD from April 2010 to May 2012 and were sent to Microbiology department for throat swab culture & sensitivity reporting.

Results: Out of 375 reports, 125 cases showed no pathogenic organism growth, no growth was obtained in 40 cases. Thirty Coagulase staphylococcus and 87 staphylococcal aureus pathogenic organism were isolated. 62 cultures revealed group Alpha haemolytic streptococcus . Pseudomonas aeruginosa were grown in 9 cases and Klebsiella pneumoniae were seen in 16 reports. Escheresia Coli was grown in only 6 culture. Bimodal peak of more pathogenic growth was observed in the month of May and July. Culture sensitivity reports showed high sensitivity of various pathogens towards erythromycin and resistance towards Ciprofloxacin, ceftrixone, ampicillin.

Conclusion: Klebsiella pneumoniae and Pseudomonas aeruginosa are both resistant organisms and an important cause for hospital acquired infections. Emerging resistance to some newer antibiotics is a matter of concern and hence author advocate the formulation of effective antibiotic policy at the national and loco- regional levels. 


A study on pattern of organisms in throat swab culture and their sensitivity to antibiotics in patients of rims, adilabad, andhra pradesh


 S. Meshram, R. Borkar, Dr.Pramod Eknathrao Jadhav, I. Sudha less

Published 1 March 2013

Medicine

BACKGROUND:- Anaemia is common worldwide health problem. It is an important cause of morbidity and mortality of young growing children in rural areas of developing countries. Young growing anaemic children have various clinical symptoms, failure to thrive, Jaundice, hepato- splenomegaly, cardiomegaly, pleural effusion, congestive heart failure.

OBJECTIVE: - To study the haematological profile and variants of anaemia in children of age 2months to 12 years admitted in district hospital of Adilabad.

METHODOLOGY:- A retrospective study was carried out by studying medical records of district hospital attached to Rajiv Gandhi Institute of Medical Sciences , Adilabad from May 2011 to July 2011. Study population constitute total number of 54 cases of anaemia in children of age 2months to 12 years admitted in district hospital of Adilabad. Diagnosis of anaemia was based on hemoglobin levels and on the basis of clinical presentations. Typing of anaemia was done by clinical finding, complete blood picture and haemoglobin electrophoresis.

RESULT: In present study out of 54 cases, 26 were females and 28 males. The mean haemoglobin was 4.87 ± 1.35 gm/dl. Maximum anaemic patients (48%) observed in the group of 8-12yrs. About 50% (27/54) of patients were severely anaemic, 48.1 % (26/54) moderately anaemic and only one case was of mild anaemia. In present study it was found that 57.39 % of children were anaemic due to nutritional deficiency while 18.5% were thalasemic and 29.6 % were sickle cell disorder. 66.6% cases had Nutritional anaemia. About 29 cases presented themselves with the clinical findings of pallor and splenomegaly.

CONCLUSION: - Besides hematological investigations for typing of anaemias hemoglobin electrophoresis establishes the disease in haemoglobinopathies. Adequate health and healthy nutritional habits and prescription of Iron supplements are great importance to prevent and manage anaemia in children assisted by public health services.

A hospital based study on anaemia in children of adilabad -a tribal district of andhra pradesh.



Dr.Pramod Jadhav ResearchGate Links


Dr.Pramod Eknathrao Jadhav research while affiliated with Rajiv Gandhi Institute of Medical Sciences and other places


Other Links




 

Lapses in service: three RIMS doctors asked to leave

The Institute Director sent on forced leave by the Principal Secretary, Health

May 28, 2013 09:16 am | Updated 09:16 am IST - ADILABAD:


STAFF REPORTER

COMMENTSSHAREREAD LATER

While three doctors, serving in important positions at the Rajiv Gandhi Institute of Medical Sciences (RIMS), Adilabad, were served with notice of termination of service, the Institute Director was sent on forced leave by the Principal Secretary, Health.


This constitutes a corrective measure taken by the government after the services at RIMS began getting affected due to functional lapses on part of the doctors.


The doctors, who were served with one month’s notice of termination of service, are K.N. Ibatte, Professor and Head of the Department, Surgery; Dr.Pramod Jadhav, Professor and Head of the Department, ENT and Dr. Joshi, Assistant Professor of Anatomy. The Director, M. Ravinder Reddy, handed over the charge of the Institute to Dr. M. Shashidhar before going on leave.


A three-member team deputed by the Director of Medical Education had recently inquired into the complaints against the doctors in question with regard to non-performance and other misdemeanours including reporting to duty in inebriated state.


The charges were apparently found to be true going by the move of the government.


According to a memo issued by the Principal Secretary, Health, the action against the Director was a result of a report sent by Adilabad Collector A. Ashok a few days ago.


The latter had opined that continuation of the incumbent in the post may disrupt smooth functioning of the RIMS besides threatening law and order situation.



 

When court can issue process against doctor for medical negligence?


Dr. Pramod Jadhav, who was Examined by the complainant even before the issuance of process.   His evidence is recorded on 16/11/2002.   Dr.Pramod Jadhav is having qualification as M.B.B.B., M.S., though his specialization is in E.N.T.   His evidence   would   reveal   that   after   examining   the   discharge card, which contains the treatment given to Vijay at M.G.M. 

Hospital, he has stated on oath as under : 

“     Due   to   such   treatment   [discharge  card   treatment],   patient   can   die,   such treatment was wrongly given ”.

While considering the above, one need not go by the words used by the deponent in strict manner.   The same is   having   the   element   of   negligence.       Now   the   degree   of negligence   has   to   be   proved   by   complainant   at   later   stage 


when he will be required to adduce evidence to prove charge. 

The   learned   Magistrate   and   the   learned revisional Court, therefore, were right in issuing the process against the present applicants for the offence punishable u/s 304­A of the Indian Penal Code, which is confirmed by the learned revisional Court.  

Ultimately,   it   will   be   for   the   complainant   to prove the charge by adducing required evidence.   A private complainant   can   not   always   have   the   knowledge   of   the medical   science,   however,   in   the   present   case,   there   is evidence  on  record to show that Dr. Jamil  Deshmukh  who was   not   expected   to   prescribe   and   administer   alopathic medicine, has done it and in order to save him, Dr. Sarode has stepped in on the case papers.  Coupled with Dr. Jadhav's evidence, I see no reason to take other view than taken by the Courts   below   in   respect   of   the   issuance   of   process   against these 2 applicants.   Hence, both these Criminal Applications are dismissed. 

   IN THE HIGH COURT OF JUDICATURE AT BOMBAY   

                                BENCH AT AURANGABAD                                                                                      

      

CRIMINAL APPLICATION NO. 1729 OF 2003

Vijay   S/o   Balkrishna Sarode

Age : 35  Yrs.,  Occ.  : Medical

Practitioner, R/o :  Shri 

          ..... APPLICANT/

          [ORIGINAL ACCUSED NO. 4]



      V E R S U S


The   State  of  Maharashtra


                      


CORAM : V.M.DESHPANDE, J.

                                

DATE OF JUDGMENT : 13th FEBRUARY, 2015

 Citation;2015 ALLMR(CRI)1889


These two Criminal Applications filed u/s 482 of the   Code   of   Criminal   Procedure   can   be   decided   by   this common   Judgment,   since   both   arises   out   of   the   Judgment and   order   passed   by   the   learned   4th  Additional   Sessions Judge, Aurangabad dated 27/07/2003 in Criminal Revision No. 15/2003, whereby the learned revisional Court dismissed the   Revision   filed   by   them   and   confirmed   the   order   of issuance of process against them for the offence punishable 

u/s 304­A of the Indian Penal Code by the learned Judicial Magistrate   First   Class,   16th  Court  in   R.C.C.   No.  1285/2002 

2.

dated 27/12/2002.  

The   brief     facts   leading   to   the   present proceedings u/s 482 of the Code of Criminal Procedure can be narrated as under  :

 Respondent No. 2 Laxman Shamrao Ingle is the complainant.   He filed Private Complaint in the Court of the learned Magistrate.   In the said Complaint, the applicant in Criminal Application No. 1730/2003, Dr. Jamil Deshmukh is shown as accused No. 1, whereas the applicant in Criminal Application   No.   1729/2003,   Dr.   Vijay   Balkrishna   Sarode   is shown as accused No. 5.   Besides these applicants, 4 others were also shown as accused persons in the said criminal case. 

For the sake of convenience, the parties will be 

3.

referred to as per their original position in the Complaint.  

4.

Undisputedly,   accused   No.   1   possesses qualification of B.H.M.S. and is registered under the Bombay Homeopathic Medical Council Act, 1954 [hereinafter referred to as the 'Act' for the sake of brevity], whereas accused No. 5 is duly qualified Doctor.     

The Complaint proceeds that the complainant   was   required   to   admit   his   son   Vijay   on 09/03/2001   for   giving   alopathic   treatment   in   M.G.M. Medical College and hospital at Aurangabad.     According to the   Complaint,   accused   No.   1   though   a   Homeopath, prescribed   alopathic   medicines   and   administered   various injections intravenous to Vijay.     It is further alleged in the Complaint   that   in   spite   of   administering   heavy   doses   of injection,   such as voveron, ciprofloxacilline  and others,  the condition  of his son Vijay was deteriorating and, therefore, when  the  complainant enquired  about the  prognosis  of  his son, accused No. 1 abused him and forcefully discharged his son Vijay.   That time, his son went in 'coma'.  The Complaint further proceeds that thereafter he was required to take his son to the Govt. Medical College, Aurangabad where he was told   that   the   condition   of   his   son   is   critical   and   his   both kidneys   are  failed.       The  Complaint   further   states  that   the Doctors of Govt. Medical College, Aurangabad remarked as to 

how at such critical stage,   the   patient   was   discharged. Vijay,   who   was   admitted   in   the   Govt.   Medical   College, 



18/03/2001.  

Aurangabad   in   unconscious   stage,   ultimately   died   on The   Complaint   further   proceeds   that   after   the 

5.

death   of   his   son,   when   he   made   inquiry   with   the   original accused Nos. 2, 3 viz. trustees, Dean of the M.G.M. College, he was informed that  accused No. 1 Jamil Deshmukh, being a Homeopathic Doctor, he is not supposed to give alopathic he has not given treatment, he in collusion with accused No. 1 represented that he had given treatment to the deceased son of the complainant. treatment.  The Complaint states that accused No. 5, though 

6.

The verification statement of complainant was recorded before the learned Magistrate.   Even before the issuance   of   process,   2   witnesses   Bhimrao   Ganpat   Gadekar and   Dr.Parmod Eknathrao Jadhav   were   examined   by   the complainant.   

The learned Magistrate, on 27/12/2002, passed 

7.

order and thereby issued process against all accused for the offence punishable u/s 304­A of the Indian Penal Code read with section 15 (3) of the Medical Council Act, 1956.  

All   accused   persons   filed   Revision   in   the 


8.

Court   of   Sessions   Judge,   Aurangabad   challenging   the correctness of the order of issuance of process by the learned Magistrate.     The   said   Revision   was   registered   as   Criminal Revision No. 15/2003.  The said Revision was allotted on the file of 4th Additional Sessions Judge, Aurangabad.  

The learned Revisional Court, after hearing the parties   to   the  Revision,  partly  allowed  the   Revision.       The revisional Court maintained the order of issuance of process against accused No. 1 Dr. Jamil Deshmukh and accused No. 5 Vijay Balkrishna Sarode for the offence punishable u/s 304­A 

of the Indian Penal Code.  The learned revisional Court set aside the order of issuance of process against all the accused u/s 15 (3) of the Medical Council Act, 1956.   


The   learned   revisional   Court   dropped   the proceedings against original accused Nos. 2, 3, 4 and 6.  

9.

It   is   against   this   order   passed   by   the   learned revisional Court, the original accused Nos. 1 and 5 are before this Court through these two Criminal Applications filed u/s 482 of the Code of Criminal Procedure.  

Heard Mr. A.P.Bhandari, the learned counsel for 

10.

the   Applicants,   Mr.V.H.Dighe,   the   learned   A.P.P.   for Respondent No. 1 – State and  Mr.   B.V.Dhage,,   the   learned counsel in both the Applications for the original complainant With the assistance of the learned counsel, I have gone through the record and proceedings placed before this Court,     which   was   called   at   the   time   of   admission   of   the present Criminal Applications.  

in extensor.

11.

Mr.   Bhandari,   the   learned   counsel   for   the applicants   submitted   that   the   order   passed   by   the   Courts below issuing process u/s 304­A of the Indian Penal Code is required to be set aside in as much as there is nothing on record to show that the accused persons were responsible for the   death   of   Vijay.       He   submitted   that,   even   the   entire complaint and the documents are taken in its face value, it does not show that there was any negligence on the part of these two Doctors.     He further submitted that, in fact, the observations made by the learned revisional Court shows that against the medical advise, the complainant took discharge of his son and thereafter he was admitted in the Govt. Medical College, Aurangabad and, therefore, there is every possibility that   at   Govt.   Medical   College,   Aurangabad   there   was   no proper treatment given to his son, resulting to his death.  He relied upon the authoritative pronouncement of Hon'ble Apex Court reported in Jacob Mathew  Vs.  State of Punjab and another AIR 2005 Supreme Court 3180.  

12.

Per   contra,   the   learned   counsel   for   the complainant   submitted   that   the   negligence   on   the   part   of these 2 Doctors is writ large.   According to him, though Dr. Jamil  Deshmukh was a Homeopath,  he  has prescribed and administered various alopathic injections and Dr. Sarode is in collusion with him.  

At the  time  of  issuance of process, the  learned 

13.

Magistrate is not expected to deal with each and every aspect. Suffice it to say, the learned Magistrate must be satisfied on the basis of the Complaint, verification statement, available documents   and   the   other   material   that   there   exists  prima  facie case to   proceed   with   against   the   accused   persons. The learned Magistrate is not required to go into the deep probative   value   of   the   material   on   record.       The   learned Magistrate   before   issuing   process,   undisputedly,   has   to exercise   his   judicial   mind.       However,   at   that   stage,   the learned Magistrate  is required to find out whether  there is sufficient ground to proceed against the accused or not.   He is   not   required   to   determine   the   adequacy   of   evidence   of probability of the accused being guilty.     It is not expected from the learned Magistrate, at this stage, to embark upon meticulous examination of evidence or material.  

14.

The   learned   counsel   has   tried   to   submit   that from the observations of the learned revisional Court that on 14/03/2001   in   the   morning   at   7.30   a.m.,   the   complainant himself   has   got   his   son   discharged   from   M.G.M.   Hospital against   medical   advise.       He   submitted   that   the   learned last portion of paragraph 8 of the Judgment.  

revisional  Court gave  clear­cut finding to that  effect in the 

15.

Firstly, there was no occasion for the revisional Court   to   make   such   observation.     The   learned   Magistrate after   scrutinizing   the   complaint,   the   documents   and   the evidence adduced on record before issuance of process, was prima   facie  satisfied   that   there   is   material   against   accused Nos.   1   and   2   and   thereafter   issued   process.     In   fact,   the learned revisional Court has ultimately confirmed   the said order.  

16.

The learned counsel invited my attention to the said consent letter, which according to him, is given by the present complainant.   The perusal of the said letter, reflect that the signature of the  complainant is obtained on blank paper and thereafter the material is written.  This can be seen with   naked   eyes  since   there   is   unusual   space   appearing   in between   the   completion   of   the   material   and   the   signature complainant.  

17.

Further,   the   medical   papers   ultimately   shows that the name of Dr. Sarode is appearing, thereby, prima facie the allegation made by the complainant in the Complaint that name   of   accused  No.   5  Dr.  Sarode  is   used  only  to   protect accused   No.   1   Dr.   Jamil   Deshmukh   and   Dr.   Sarode   is   in collusion with him, get support.   

What is important to note is that the evidence of 

18.

Dr. Pramod Jadhav, who was Examined by the complainant even before the issuance of process.   His evidence is recorded on 16/11/2002.   Dr.Pramod Jadhav is having qualification as M.B.B.B., M.S., though his specialization is in E.N.T.   His evidence   would   reveal   that   after   examining   the   discharge card, which contains the treatment given to Vijay at M.G.M. Hospital, he has stated on oath as under : 

“     Due   to   such   treatment   [discharge  card   treatment],   patient   can   die,   such  treatment was wrongly given ”.

19.

While considering the above, one need not go by the words used by the deponent in strict manner.   The same is   having   the   element   of   negligence.       Now   the   degree   of negligence   has   to   be   proved   by   complainant   at   later   stage when he will be required to adduce evidence to prove charge. 

The   learned   Magistrate   and   the   learned 

20.

revisional Court, therefore, were right in issuing the process against the present applicants for the offence punishable u/s 304­A of the Indian Penal Code, which is confirmed by the learned revisional Court.  

Ultimately,   it   will   be   for   the   complainant   to 

21.

prove the charge by adducing required evidence.   A private complainant   can   not   always   have   the   knowledge   of   the medical   science,   however,   in   the   present   case,   there   is evidence  on  record to show that Dr. Jamil  Deshmukh  who was   not   expected   to   prescribe   and   administer   alopathic medicine, has done it and in order to save him, Dr. Sarode has stepped in on the case papers.  Coupled with Dr. Jadhav's evidence, I see no reason to take other view than taken by the Courts   below   in   respect   of   the   issuance   of   process   against these 2 applicants.   Hence, both these Criminal Applications are dismissed.  Rule discharged.  

22.

At   this   stage,   the   learned   counsel   for   the applicants submitted that interim order was in operation in their   favour   since   2003   and,   therefore,   requested   that   for reasonable period the interim stay operating in their favour be extended.  

23.

Looking   to   the   fact   that   the   interim   order   was operating in favour of the applicants since 2003, the interim stay granted in their favour on 29/09/2004 shall remain in operation for further period of 8 weeks from today.   After the expiry of said 8 weeks,   the interim order shall be vacated automatically without reference to this Court.  

        



     

   [V.M.DESHPANDE, J.]


 

                                 1      Cri.WP.1121-17 & 1129-17.odt


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                 BENCH AT AURANGABAD


            CRIMINAL WRIT PETITION NO.1121 OF 2017


     Dr.Pramod Eknathrao Jadhav,

     Age 53 years, Occu. Medical Practitioner,

     R/o Samarth Heritage, Khadkeshwar,

     Aurangabad, District Aurangabad.       ... Petitioner


                      Versus


     1.      The State of Maharashtra,

             Through Principal Secretary,

             Department of Home Affairs,

             Mantralaya, Mumbai - 400 032.


     2.      The Commissioner of Police,

             Aurangabad City, Aurangabad.


     3.      The Assistant Director of Public Prosecution,

             Aurangabad Region, Aurangabad,

             1st Floor, Old High Court Building,

             Adalat Road, Aurangabad.


     4.      The Investigation Officer,

             CIDCO Police Station, Aurangabad,

             District Aurangabad.


     5.      Ashok S/o Ganesh Rege,

             Age 74 years, Occu. Medical Practitioner,

             R/o Pushpa Nagri, Aurangabad.


     6.      Kamalkishor S/o Nanasaheb Kadam,

             Age 71 years, Occu. Business,

             R/o 12, Bhagya Nagar, Nanded,

             Tq. and District Nanded.      ... Respondents


                                WITH





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                                       2     Cri.WP.1121-17 & 1129-17.odt


            CRIMINAL WRIT PETITION NO.1129 OF 2017


     Miss Archana D/o Devidasrao Lathkar,

     Age 45 years, Occu. Service as

     Assistant Public Prosecutor,

     R/o House No.5-15-98/9, "Kusum Kunj",

     Behind Kotla Colony, Near Shani Mandir,

     Aurangabad, Maharashtra State.      ... Petitioner


                      Versus


     1.      The State of Maharashtra,

             Through Secretary Home Department,

             Mantralaya, Maharashtra State,

             Mumbai.


             (Respondent Nos.2 to 4 - deleted) ... Respondents


                                ...

     Mr. B.L.Sagar Killarikar & Mr. B.R.Kedar, Advocates for

     Petitioners.

     Mr. A.B.Girase, PP for Respondents-State.

     Mr. R.N.Dhorde h/f Mr. V.S.Kadam, Advocate for

     Respondent Nos.5 & 6.

                                ...


                               CORAM : T.V.NALAWADE AND

                                       MANGESH S. PATIL, JJ.

DATE : 18.03.2019 JUDGMENT : (Per T.V.Nalawade, J.) :-


These are the Writ Petitions arising from the same proceeding bearing Regular Criminal Case No.1585 of 2000 pending on the file of the learned Judicial 3 Cri.WP.1121-17 & 1129-17.odt Magistrate First Class, Aurangabad. Therefore both these Writ Petitions are being disposed of by this common judgment.


2. Heard. Rule in both the Writ Petitions. The learned APP and the learned advocate for the other respondents waive service of the Rule. With the consent of both the sides both the proceedings are heard finally at the stage of admission.


3. The petitioner in Criminal Writ Petition No.1121 of 2017 is the informant who had set the criminal law in motion by lodging FIR on 20.01.2000. He alleged that he was duly selected as an Associate Professor of E.N.T. Department in an interview hold on 28.06.1998 by the Selection Committee which was duly constituted. He alleged, however, that the respondent Nos.5 and 6 in that Writ Petition indulged in preparing and fabricating a false record showing that no candidate was selected for that post in the Mahatma Gandhi Mission's Medical College and Hospital, Aurangabad. Accordingly, Crime No.I-15 of 2000 was registered with CIDCO Police 4 Cri.WP.1121-17 & 1129-17.odt Station for the offences punishable under Section 420, 468, 120-B read with Section 34 of the Indian Penal Code. The investigation commenced and culminated in filing of a charge-sheet and accordingly the criminal case is pending before the learned Magistrate.


4. The petitioner-informant filed Criminal Miscellaneous Application No.1781 of 2016 before the Chief Judicial Magistrate, Aurangabad for transferring the case to some other Magistrate inter alia on the ground that he had lost faith in the Magistrate. Respondent Nos.5 and 6 contested the Petition and by the order dated 11.07.2017 the learned Chief Judicial Magistrate dismissed the Criminal Miscellaneous Application No.1781 of 2016.


5. In the mean time, the Investigating officer through the learned APP filed an application before the Magistrate seeking permission to carry out additional investigation as contemplated under Section 173(8) of the Cr.P.C. dated 29.05.2017.


5 Cri.WP.1121-17 & 1129-17.odt


6. It further transpires that the learned APP who was conducting the trial submitted an application (Exh.128) on 26.07.2017 alleging that in the list of documents submitted by the Investigating Officer along with the charge-sheet, some of the documents at Serial Nos.9, 11 and 12 containing total 15 pages which included a report of a hand writing expert were missing from the Court record and requested the Magistrate to hold an inquiry into it and to take appropriate steps for securing the record. The learned Magistrate by the order dated 28.07.2017 rejected the request by observing that the application was moved by the learned Prosecutor without verifying the facts from the Investigating Officer. He also concluded that the copies of the documents which were supplied to the accused in compliance of Section 207 of the Cr.P.C. were available with the record of the Court and no document was in fact missing. By analyzing the fact situation the learned Magistrate rejected the application however directed a notice to be issued to the learned Prosecutor for contempt and also imposed a costs of Rs.500/- for inspecting record of the 6 Cri.WP.1121-17 & 1129-17.odt Court without permission.


7. The informant has therefore, preferred Criminal Writ Petition No.1121 of 2017 praying that the learned Magistrate may be directed to decide the application submitted by the Prosecution / Investigating Officer on 29.05.2017 within stipulated time. He also seeks a direction to quash and set aside the order dated 28.07.2017 rejecting the application (Exh.128). He also sought a direction to quash and set aside the order passed by the learned Chief Judicial Magistrate in Criminal Miscellaneous Application No.1781 of 2016 dated 11.07.2017 rejecting his request to transfer the trial.


8. The learned APP from the trial court has filed Criminal Writ petition No.1129 of 2017 being aggrieved and dissatisfied by the order passed by the learned Magistrate dated 28.07.2017 on her application (Exh.128) to the extent it directs a notice of contempt to be issued to her and imposition of costs.


9. We have considered the submissions of both the 7 Cri.WP.1121-17 & 1129-17.odt sides and perused the record. Both the sides agree to the fact that since after rejection of the transfer petition filed by the informant-petitioner and since after the rejection of the application preferred by the Prosecutor (Exh.128), the Magistrate as well as the Prosecutor have changed. Therefore the prayer of the informant seeking to challenge the order passed by the learned Chief Judicial Magistrate rejecting his Transfer Petition has become infructuous.


10. As far as the prayer being made by the informant- petitioner seeking a direction to the Trial Court to decide the application preferred by the Investigating officer / Prosecution seeking permission to carry out further investigation under Section 173(8) of the Cr.P.C. is concerned, in our considered view, the request is rather innocuous. The FIR was lodged way back in the year 2000 and still, inspite of direction of this Court to expedite the hearing, the trial has not commenced with the expected zeal. Therefore, the Magistrate needs to be directed to decide the application under Section 173(8) of the Cr.P.C. as expeditiously as possible.

8 Cri.WP.1121-17 & 1129-17.odt


11. Now coming to the Writ Petition No.1129 of 2017, the learned APP had submitted the application (Exh.128) pointing out that some papers from the list of documents filed along with the charge-sheet were missing. She had given certain reasons to arrive at such a conclusion and had requested the Magistrate to initiate an inquiry. In our considered view, prima facie no inference is deducible muchless to jump to a conclusion that this step by the learned APP was prompted by some ulterior motive. Being an officer of the Court if she had thought that the documents were missing, no fault can be found in her submitting the application adverting attention of the Magistrate.


12. In the same application another request was made to hold an inquiry into the incident of some fabrication in the list of documents submitted along with the charge-sheet wherein at couple of places whitener was apparently applied against the name of one of the accused and a direction was solicited to inquire into even that aspect. After considering the material, we are 9 Cri.WP.1121-17 & 1129-17.odt of the considered view that the learned Magistrate for cogent and plausible reason has rejected the application (Exh.128), thereby refusing to initiate any inquiry into the alleged missing of papers or the alleged manipulation in the form of applying whitener. In doing so, the learned Magistrate has meticulously laboured to point out that in fact whatever documents were produced with the list of documents were very well available on the record including all the papers sent to the hand writing expert along with a letter of Dr. Bhopale. Therefore, we do not see any sufficient and cogent reason to interfere with the part of the order rejecting the request to inquire into all these allegations.


13. However, the learned Magistrate seems to have swayed by the conduct of the learned Prosecutor in referring to the record without his permission. Perhaps in her anxiety the learned Prosecutor must have inspected the record and had submitted the application (Exh.128) referred to herein above. Assuming for the sake of the arguments that she ought to have but had not solicited any permission from the Magistrate, still we 10 Cri.WP.1121-17 & 1129-17.odt are of the considered view that such a conduct ipso facto was not intended to undermine authority of the Court or to disregard the procedure. The learned Magistrate seems to have enthusiastically directed the contempt notice to be issued to her and simultaneously imposed some costs which step according to us is de hors the provisions of law. If at all the Magistrate was intending to initiate a contempt proceeding, imposing such costs even before such a proceeding culminates is rather premature and does not stand to either the reason or law.


14. Under all these circumstances, both the Writ Petitions deserve to be partly allowed and are accordingly allowed in part.


15. The learned Judicial Magistrate First Class is directed to see that the application filed by the Investigating Officer / Prosecution for further investigation dated 29.05.2017 is decided within one month from the date of this order.



     16.     The      impugned             order    passed       by the         learned






                                   11     Cri.WP.1121-17 & 1129-17.odt


Magistrate on the application (Exh.128) filed by the learned APP / Petitioner in Criminal Writ Petition No.1129 of 2017 to the extent of directing a notice to be issued to her for contempt and imposing costs is quashed and set aside. However, the other part of the order refusing to make any inquiry into the alleged tampering of the record is not disturbed.


17. The rule is accordingly made absolute in above terms.


18. The interim relief shall stand vacated. (MANGESH S. PATIL, J.) (T.V.NALAWADE, J.) ...


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