- 1 - HC-KAR NC: 2025:KHC:35927 WP No. 22382 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22382 OF 2025 (GM-POLICE) BETWEEN: SULTHANA W/O AWAZE, AGED 26 YEARS R/O-60, A1 B.M. LAYOUT, VENKATESHPURA, BENGALURU CITY, KARNATAKA. …PETITIONER (BY SRI. BASAWA PRASAD KUNALE, ADVOCATE FOR SRI. HUSSAIN OWAIS SABIR.,ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH CHIEF SECRETARY, HOME DEPARTMENT, VIKASA SOUDHA, BENGALURU- 560001. 2. MINISTRY OF HEALTH AND FAMILY WELFARE, THROUGH ITS PRINCIPAL SECRETARY, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35927 WP No. 22382 of 2025 VIKASA SOUDHA, BENGALURU- 560001. 3. NATIONAL MEDICAL COMMISSION (FORMERLY MCI) THE SECRETARY, SATARKTA BHAWAN, G.P.O. COMPLEX, BLOCK A, INA, NEW DELHI-110023. 4. COMMISSIONER OF POLICE, NO. 01, OPPOSITE SPARSHA HOSPITAL, INFANTRY ROAD, BENGALURU-560001. 5. DEPUTY COMMISSIONER OF POLICE, NO. 01, INFANTRY ROAD, BENGALURU- 560001. 6. ASSISTANT COMMISSIONER OF POLICE, DINNUR MAIN ROAD, BENGALURU-560001. 7. STATION HOUSE OFFICER, R.T. NAGAR, POLICE STATION, BENGALURU- 560001. 8. V-CARE HOSPITAL THROUGH ITS DIRECTOR, NO.29, 1ST MAIN ROAD, A 1ST BLOCK, DEVAGOWDA ROAD, R.T. NAGAR, BENGALURU- 560032 KARNATAKA. - 3 - HC-KAR NC: 2025:KHC:35927 WP No. 22382 of 2025 9. DR. SHAKIL JEELANI BAIG 394, 1ST BLOCK, 2ND MAIN ROAD, R.T. NAGAR, OPPOSITE TO SRA MEDICALS, BENGALURU-560032. 10. DR. SINDHU RAJ M.N. NO.29, 1ST MAIN ROAD, A 1ST BLOCK, DEVAGOWDA ROAD, R.T. NAGAR, BENGALURU-560032, KARNATAKA. 11. DR.G.PARAMESHWARA MINISTER OF HOME AFFAIRS STATE OF KARNATAKA ROOM NO 327-327A, VIDHANA SOUDHA, DR.B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. …RESPONDENTS (BY SRI.N. DEVADAS., AAG A/W SMT. K.P. YASHODHA, AGA FOR R1 & R2, R4 TO R7; SRI. JAVEEED S., ADVOCATE FOR R8 TO R10; NOTICE TO R3 STANDS DEFFERED PETITIONER AGAINST R11 STANDS REJECTED) THIS W.P. IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS NO.1 TO 7 AND 11 TO IMMEDIATELY REGISTER AN FIR AND INITIATE INVESTIGATION INTO THE COMPLAINANT MADE BY - 4 - HC-KAR NC: 2025:KHC:35927 WP No. 22382 of 2025 THE PETITIONER REGARDING MEDICAL NEGLIGENCE COMMITTED BY RESPONDENT NO. 8 TO 10; DIRECT THE CONSTITUTION OF A MEDICAL EXPERT BOARD TO INQUIRE INTO THE TREATMENT AND EXAMINE THE MEDICAL RECORDS OF THE PETITIONER'S CHILD AS MAINTAINED BY RESPONDENTS NO. 8 TO 10. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is aggrieved because her young child has suffered, according to her debilitating injuries because the doctors with M/s V Care hospital [the eighth respondent] were negligent. The petitioner, apart from detailing the treatment that her child has received from the eighth respondent, has also detailed the circumstances under which the child is shifted to another hospital and the treatment - 5 - HC-KAR NC: 2025:KHC:35927 WP No. 22382 of 2025 that the child is undergoing. The petitioner has sought the following reliefs: "a. Issue a writ in the nature of mandamus and direction, directing respondents No.1 to 7 and 11 to immediately register an FIR and initiate investigation into the complaint made by the petitioner regarding medical negligence committed by respondent no.8 to 10. b. Direct the constitution of a Medical Expert board to inquire into the treatment and examine the medical records of the petitioner's child as maintained by Respondents no. 8 to 10. c. Award appropriate compensation in favour of the child, as deemed fit by the Hon'ble Court." The petitioner has arrayed a host of respondents and the petitioner had also included the Hon'ble Minister of Home Affairs, Government of Karnataka, but this Court vide order dated 28.08.2025 has rejected the petition as against the - 6 - HC-KAR NC: 2025:KHC:35927 WP No. 22382 of 2025 afore respondent. The question for consideration is whether this Court must intervene and direct registration of First Information Report for medical negligence and direct constitution of a Medical Board to enquire into the treatment and award compensation. This Court must observe that every reason for initiation of criminal proceedings cannot in itself justify a direction under Article 226 of the Constitution of India when there is alternative remedy. The petitioner must be at liberty to pursue such remedy for efficacious redressal of all grievances, and as such the petitioner must not only be at liberty in this regard but also to pursue every remedy that would be permissible in law for recovery of compensation payable by the negligent and for appropriate action against the concerned professional by the professional body if negligence can be proved. This Court, in the maze of facts requiring an enquiry, - 7 - HC-KAR NC: 2025:KHC:35927 WP No. 22382 of 2025 will not intervene. As such, the petition, subject to all just exceptions, stand disposed of. Sd/- (B M SHYAM PRASAD) JUDGE NV