 against doctors allegedly involved in an illegal kidney transplant racket at Fortis Hospital, Jaipur. The accused doctors had filed a criminal petition under Section 482 of the Code of Criminal Procedure to quash the FIR registered under Sections 420, 419, 471, and 120-B of the Indian Penal Code (IPC), 1860.){kind=link}
The Rajasthan High Court has refused to quash the First Information Report (FIR) against doctors allegedly involved in an illegal kidney transplant racket at Fortis Hospital, Jaipur. The accused doctors had filed a criminal petition under Section 482 of the Code of Criminal Procedure to quash the FIR registered under Sections 420, 419, 471, and 120-B of the Indian Penal Code (IPC), 1860.
Court’s Observation
Justice Sudesh Bansal’s Bench stated, “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 Akash, Prashant Yadav, and Gopal. Additionally, money transactions from his bank account to Giriraj Sharma have also been recorded. Such transactions are suspected to be payments apart from salary for performing illegal kidney transplants. The investigation revealed that petitioner No.1 performed kidney transplants as part of a team with petitioner No.2, and both, along with coordinator Giriraj Sharma, were employed at Manipal Hospital, Jaipur before joining Fortis Escort Hospital, Jaipur together.”
Involvement of Multiple Offences
The FIR includes offences under Sections 419, 420, 370, 467, 468, 471, and 120-B of the IPC, as well as Sections 18 and 19 of the Transplantation of Human Organs and Tissues Act, 1994 (TOHO Act, 1994). The Court noted, “In the present case, offences under the IPC and the TOHO Act, 1994, are involved, making it clear that a cognizable offence is implicated in the FIR.”
Allegations and Investigation
The FIR alleges that an international racket was busted involving the illegal transplantation of human organs (kidneys) at Fortis Hospital, Jaipur. The petitioners were alleged to have contacted brokers and engaged in monetary transactions with a kidney transplant coordinator at Fortis.
Court’s Decision
After hearing counsel for both parties and reviewing the investigation report dated May 29, 2024, and the case diary, the Court determined there was sufficient evidence to connect the petitioners to the illegal organ transplantation scam for commercial gain. Petitioner No.1 was found to be a suspicious accused, and petitioner No.2 was already arrested on May 11, 2024.
Dismissal of Petition
The Court concluded that the petitioners’ case did not fall into any exceptional categories outlined by the Supreme Court in the case of State of Haryana vs. Choudhary Bhajan Lal (1992). Accordingly, the Court dismissed the petition.
Case Title: Dr. Jyoti Bansal and Ors v. State of Rajasthan and Ors. (Neutral Citation: 2024: RJ-JP:26048)