High CourtsDivision Bench(2018) 11 RAJ CK 0023

Smt. Pramila Devi W/o. Shri Prahlad Kumar Meena @APPELLANT@Hash State of Rajasthan and ors

Rajasthan High Court · Decided on 19 November 2018

HON’BLE JUDGES
Mohammad Rafiq, J · Goverdhan Bardhar, J
RESULT
Disposed Off
CASE NUMBER
Writ Miscellaneous Application No. 356 of 2018 In Habeas Corpus Petition No.237 of 2017

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Judgment

29 paragraphs · 611 words

This application has been filed by respondent no.4-Shri Virendra Meena, brother of the patient Prahlad Kumar Meena contending that there is a

dispute between brother and mother of Prahlad Kumar Meena on one hand and wife Smt. Pramila Devi on the other hand as to who should claim

custody of Prahlad Kumar Meena, who under the order of this Court dated 28.2.2018 was shifted to the composite Hospital of CRPF at Ajmer.

It is contended in the application by brother of Prahlad Kumar Meena that Prahlad Kumar Meena was shifted at composite Hospital, C.R.P.F. Ajmer

on 12.3.2018 and thereafter he was shifted to Felix Hospital, Delhi by the C.R.P.F. authorities on 28th March, 2018. The authorities have however not

provided any medical report to the family members of the patient, nor are taking due care of him. While the wife of patient visits the hospital seldom,

his brother (applicant) has been attending him regularly, but his health is continuously deteriorating. It is submitted that there was no direction of this

Court to shift him from Ajmer to Delhi. Similar facilities are available in the hospital at Ajmer. The prayer is therefore made that the respondent no.5

be required to submit the present medical report of Prahlad Kumar Meena and to shift him to any hospital at Ajmer.

The report has been submitted by Deputy Inspector General of Police, G.C.-I, CRPF, Ajmer according to which Prahlad Meena was admitted in Felix

hospital, Noida (UP) at CH on 31st March, 2018 due to RTA with head injury and further referred to Felix Hospital Noida (UP) for further

management. He was still under treatment at above hospital and admitted in semi private Ward and is bed ridden. According to treating doctor, patient

is a traumatic brain damage case, hence prognosis is very poor. Patient is on supportive and symptomatic treatment on ryles tube. Physiotherapy

nursing care and nutritive care of the patient being done. Shri Rahul Agarwal, learned counsel for respondent-wife submits that the allegation that Smt.

Pramila Devi, the wife of Prahlad Kumar Meena is not attending him is not correct. In fact, she is continuously attending her husband in the hospital

and is also taking care of their 10 years old son at Ajmer.

Learned counsel appearing for the respondent-CRPF has today again produced a report, which indicates the position of Prahlad Kumar Meena to be

as under:

Patient presently conscious but disoriented with GCS E3V1M3, vitals are stable, showing desired improvement in his higher functions and motor

movements, instead his low GCS, has improved marginally, the Patient continues to be bed ridden, on Folleys catheter and RT feed with no active bed

stores. Patient is having on an off episodes of fever, constipation, chest congestions on/off, lower Urinary tract symptoms as the patient continues to

be bed ridden and on folleys, relevant culture sensitive antibiotics and antipyretic, whole body Physiotherapy and RT feed 400 ml/2 hourly and all other

supportive treatment is being continued vigorously, so that patient gets maximum benefit and fast recovery.

In the circumstances, considering that Prahlad Kumar Meena still requires further treatment, it is for the medical experts to determine whether he is in

fit condition to be shifted to any hospital at Ajmer and whether the kind of treatment for which he was referred to Felix Hospital, Noida is available at

Ajmer.

This Court is therefore not inclined to grant the prayer that has been made in the application. However, as already ordered, it would be open to the

wife, brother and mother of patient Prahlad Kumar Meena to attend him in the hospital where he is presently receiving treatment.

The application is accordingly disposed of.