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AURANGABAD — In a significant development, the Aurangabad bench of the Bombay High Court has quashed the criminal proceedings and FIR against a doctor and nurse from Beed district who were accused of administering an expired vaccine to an infant in November 2022.
The case was registered by the Majalgaon city police on December 26, 2022, following a complaint by a drug inspector who acted on a news report alleging that a rotavirus vaccine, which had expired in March 2022, was administered to an infant on November 7, 2022, at Dr. Sharad Madhukar Pawar’s hospital in Majalgaon, Beed district. The complaint led to the invocation of Section 336 (act endangering life or personal safety of others) and Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code, along with provisions of the Drugs and Cosmetics Act and Rules.
However, the court noted that the child remained in good health and did not suffer any adverse effects as a result of the vaccination. The division bench of Justices Vibha Kankanwadi and Sanjay Deshmukh passed the order on Monday in response to a criminal application filed by Dr. Pawar and his colleague, nurse Sonali Chandrasen Gore.
The ruling brings relief to the medical professionals, who faced both legal and reputational consequences following the complaint. The decision highlights the importance of assessing actual harm in such cases, rather than relying solely on procedural allegations.
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