सव भव तु सिखनः ु Noida. It was alleged that the City Magistrate had ordered their transfer to a mental hospital on 24 Febuary 2022, based on the CMO's report. Despite this order, the complainant and the Resident Welfare Associa on (RWA) claimed that the authori es had failed to take the necessary ac on. They expressed concerns about the safety of the residents, as the siblings posed a risk to themselves and others in the society. However, they also believed that the siblings, as ci zens of the country, deserved appropriate treatment for their mental illness. Upon taking cognizance of the ma er, the Commission directed its Registry to issue no ces to the District Magistrate, Gautam Budh Nagar, the Commissioner of Police, Gautam Budh Nagar, and the CMO, Gautam Budh Nagar. They were instructed to submit an ac on-taken report within one week. Failing to do so, these authori es were scheduled to appear before the Commission in its office. Following the Commission's direc ve, the District Magistrate, Gautam Budh Nagar, submi ed a report dated 02 September 2022, men oning that a team of mental health experts had examined the siblings at their residence on 27 August 2022, based on the recommendaon of the CMO, Gautam Budh Nagar. The experts determined that both siblings were suffering from serious mental ailments and recommended their transfer to the Mental Hospital in Agra, U ar Pradesh. The Commission also received an ac on taken report from the Commissioner of Police, Gautam Budh Nagar, 02 September 2022, which forwarded a report from ACP-II, Gautam Budh Nagar. The report confirmed that both the brother and sister had been shi ed to Mental Hospital, Agra, along with a team of doctors, a ward-boy, and a staff nurse, using a government ambulance, as indicated in GD Entry on 02 September 2022. The Commission carefully considered these reports and noted that the authori es had acted in a coordinated and prompt manner by reloca ng the siblings to Mental Hospital, Agra. The Commission reviewed the records and observed that the complainant, who had been given an opportunity to provide comments on the police report, had not submi ed any comments within the prescribed me frame. Consequently, the Commission presumed that the complain- ant had no further concerns to raise in the ma er. Under these circumstances, the reports were accepted, and the case was officially closed on 04 October 2022. Chapter 7 - Thematic Areas 5.) A lady Doctor died by suicide a er registra on of FIR against her by Police of Dausa, Rajasthan, for alleged medical negligence leading to death of her pa ent. (Case No. 1150/20/11/2022) The Commission took cognizance of death by suicide of a lady Doctor in a private Hospital in Dausa Rajasthan, a er an FIR u/s 302 IPC, was registered against her, for alleged medical negligence leading to death of her pa ent. She was a mother of two minor children. The registra on of FIR was in viola on of guidelines issued by the Hon'ble Supreme Court of India, which provide that a doctor cannot be charged with criminal negligence without proper examina on by an expert commi ee. The reports received, pursuant to the Commission's direc ons in the ma er, revealed that PS Lalsot FIR No. 155/2022 u/s 302 IPC was registered against the deceased. However, a Medical Board, cons tuted by the Chief Medical and Health Officer to enquire in the ma er, did not find any negligence on her part in discharge of her du es towards the pa ent. She was allegedly harassed by some persons, who were instrumental in registra on of FIR against her, due to which she had died by suicide. On a complaint from her husband, PS Lalsot FIR No. 157/ 2022 u/s 384/ 388/ 306 IPC, was registered, which ended in Charge Sheet dated 29 May 2022 u/s 147/ 149/ 306/ 384/ 388 IPC against all the named accused. On perusal of the report, the Commission observed that it was amply clear that the accused Police officials had been negligent in registering the FIR against the deceased doctor, and did not comply with the direc ons dated 05 August 2005, of a three judge Bench of the Hon'ble Supreme Court in the Jacob Mathew v. State of Punjab (2005) 6 SCC 1. This judgment has also been upheld on 12 November 2013, by a five judge Cons tu on Bench in the Lalita Kumari vs. Govt. of U.P. (2014) 2 SCC 1. The Court held that Police should not register an FIR against a Doctor for alleged medical negligence, without prior examinaon, by an Expert Commi ee. This negligent act by the Police caused agony and mortal apprehension to her, who resultantly died by suicide. The Commission, therefore, issued no ce to the Chief Secretary, Govt. of Rajasthan, to show Cause as to why the Commission should not recommend u/s 18(c) of the PHRA, payment of Rs. 5 lakh as compensa on to the NoK of the deceased vic m. 43

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