Karnataka HC: Police can’t conduct unrestricted UDR inquiry

In UDR cases, police cannot conduct unrestricted inquiry: HC

The Karnataka High Court has ruled that police cannot use an unnatural death report (UDR) inquiry as a fishing expedition or summon every person remotely connected to a case. Justice M Nagaprasanna…

The Story in Brief

The Karnataka High Court has ruled that police cannot use an unnatural death report (UDR) inquiry as a fishing expedition or summon every person remotely connected to a case. Justice M Nagaprasanna quashed three notices issued by Konanakunte police to a Bengaluru hospital after a 29-year-old patient died following hysteroscopic polypectomy in May.

The judge noted the police had issued six notices, demanded medical equipment, and summoned women staff repeatedly, all without registering a cognisable offence. Citing a Supreme Court ruling, he said police cannot assume powers available only after an FIR is filed. The Times of India reports that the court called the inquiry a blurring of the distinction between an inquest and a full investigation.

The Indian Opinion

This ruling is a welcome check on police overreach in medical cases. Too often, UDR inquiries are used to bypass the safeguards that come with a proper FIR. The judge rightly called out the fishing expedition. The real test will come when the next alleged medical negligence arises: will police file an FIR if they have a genuine case, or will they again stretch the UDR to harass hospitals? The distinction between inquest and investigation is not semantic, it protects both patients' rights and doctors' liberty.


Source: timesofindia.indiatimes.com

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