Rajasthan HC Refuses To Quash FIR Against Doctors Allegedly Involved In Illegal Kidney Transplant Racket
The Rajasthan High Court has refused to quash the First Information Report (‘FIR’) against the doctors who are allegedly involved in the illegal kidney transplant racket at the Fortis Hospital, Jaipur.
Petitioners-doctors filed a criminal petition under Section 482 of the Code of Criminal Procedure for quashing of FIR registered under Sections 420, 419, 471 and 120-B of the Indian Penal Code, 1860 (‘IPC’).
The Bench of Justice Sudesh Bansal observed, “In the opinion of this Court, no prima facie case is made out in favour of petitioners to quash the impugned FIR. As per the investigation report, petitioner No.1 has been found to be in telephonic contact with brokers namely Akash, Prashant Yadav and Gopal, as much as money transaction from his bank account with the Giriraj Sharma, has also come on record. Such money transaction is apprehended to be part of payment apart from salary, for performing operation of kidney transplantation illegally. It has revealed in the investigation that petitioner No.1 performed operation of kidney transplantation as a team member of petitioner No.2, and both petitioners, as also coordinator Mr. Giriraj Sharma were working at Manipal Hospital, Jaipur and have joined Fortis Escort Hospital, Jaipur together. In the present case, offences under the Indian Penal Code u/s. 419, 420, 370, 467, 468, 471 and 120-B and offences u/s. 18 and 19 of the TOHO Act, 1994, both are involved, therefore, it may not be said that cognizable offence is not involved in the impugned FIR.”
Advocate Sumer Singh Ola appeared for the Petitioners whereas AAG GS Rathore appeared for the Respondents.
The impugned FIR alleged that an international racket came to be busted in respect of illegal transplantation of the human organ (kidney) at Fortis Hospital, Jaipur. Offences under Section 370 of the IPC, Sections 18 and 19 of the Transplantation of Human Organs and Tissues Act, 1994 (“the TOHO Act, 1994”), were added and given Section 13(3)(iv) of the TOHO Act, 1994. It was alleged that the Petitioners contacted brokers and were involved in monetary transactions with a kidney transplant coordinator at Fortis.
The Court said, “Having heard counsel for both parties, and from perusal of the progress report of investigation dated 29.05.2024 as also having gone through the case diary, it cannot be held that both petitioners have been sought to be involved in the present case without there-being any iota of evidence against them, to connect petitioners with the scam of illegal transplantation of human organ (kidney) at Fortis Hospital, Jaipur, for commercial benefits. The investigation in the FIR by the appropriate authority, appointed by Government of Rajasthan, is underway. Petitioner No.1 has been found to be a suspicious accused and petitioner No.2 has already been arrested on 11.05.2024.”
The Court concluded that the case of the Petitioners-doctors did not fall in any of the exceptional categories as expounded by the Supreme Court in the case of State of Haryana Vs. Choudhary Bhajan Lal(1992).
Accordingly, the Court dismissed the petition.
Cause Title: Dr Jyoti Bansal and Ors v. State of Rajasthan and Ors. (Neutral Citation: 2024:RJ-JP:26048)
Appearances:
Petitioners: Advocates Sumer Singh Ola, Komal Kumari Giri and Bajrang Sepat.
Respondents: AAG GS Rathore and PP Laxman Meena.
