Rajasthan High Court Refuses To Quash FIR Against Two Doctors Booked In Connection With Alleged Illegal Kidney Transplant Racket

"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..."

As per the complaint, the administrations and doctors at the Fortis Hospital were indulged in the racket. It is alleged that they were committing fraud and collusion with the kidney donors and receivers, for financial gains, without any approval of the Authorization Committees, and also preparing forged NOCs after obtaining signatures on blank papers. A further collusion with the brokers who arranged the donors and receivers of the kidneys was also alleged.

The petitioners were booked for offences under Sections 420, 419, 471, 120-B of IPC and Sections 18 and 19 of the Transplantation of Human Organs and Tissues Act, 1994.

Counsel for the petitioners argued no nexus of the petitioners with the forgery or with any of the brokers or patients. It was argued that the kidney transplantations were performed by the petitioners under due authorizations without receiving any extraneous benefits except for their monthly salaries.

On behalf of the government, it was argued that investigation in the FIRs was underway and the investigation so far revealed clear evidence against one of the petitioners based on which he was arrested. With respect to the other petitioner, it was argued that he was not only found to be in contact with a broker but also money transaction in his bank account apart from the salary had also come forth that seemed to have been received for illegal kidney transplant operation.

Based on the arguments and investigation reports, the Court held that it cannot be said that there was no evidence to connect the petitioners with the alleged racket of illegal kidney transplantation. In light of the facts that one of the petitioners had been arrested and the other one also had evidences against him, suggested that no prima facie case lied in favour of quashing the FIR against the petitioners.

Hence, the Court refused to exercise its inherent jurisdiction under Section 482 CrPC for quashing of FIR ad dismissed the plea.

Title: Dr. Jyoti Bansal and Anr. v State of Rajasthan and Anr.