No relief for Karnataka doctor accused in alleged MTP scam, HC declines to quash criminal proceedings

The doctor, who operates a hospital named Aasare Hospital in Nelamangala Town along with his wife, approached the court seeking to dismiss proceedings initiated against him for alleged violations of Sections 312 (causing miscarriage), 313 (causing miscarriage without a woman’s consent), 315 (act done with the intent to prevent a child being born alive or to cause it to die after birth), 316 (causing the death of a quick unborn child by an act amounting to culpable homicide) IPC along with Section 5(b), 5(1)(2) & (3) of the Medical Termination of Pregnancy Act, 1971.

The petitioner argued that the FIR, which was filed by a District Health and Family Welfare Officer, lacked the competence to initiate proceedings under the Medical Termination of Pregnancy Act, 1971.

Dr SR Manjunath, the District Health and Family Welfare Officer, had initiated legal proceedings after discovering irregularities during an inspection on January 26. The FIR revealed that since 2021, the hospital had been conducting abortions without obtaining the necessary permission under the Medical Termination of Pregnancy (MTP) Act.

It was contended by the petitioner that the initiation of criminal proceedings against the petitioner based on this FIR would amount to an abuse of the legal process.

However, the prosecution opposed this plea, revealing that their investigation uncovered evidence of numerous illegal terminations of pregnancy at the petitioner's hospital, totaling 74 cases. Furthermore, it was alleged that the hospital had failed to maintain proper records as mandated by law.

The court noted that the FIR had been filed for offenses under both the Indian Penal Code and the Medical Termination of Pregnancy Act, and that the investigation was ongoing. It emphasized that similar offenses had been discovered in other hospitals across the state, and action was being taken against all implicated establishments.

Given these circumstances, a single judge bench of Justice S Vishwajith Shetty ruled that the petitioner's argument regarding the authority of the first informant to initiate criminal proceedings was premature, especially considering that the charge sheet had not yet been filed. It noted;

"The contention urged by the petitioner with regard to the authority of first informant to initiate criminal proceedings is premature at this stage, since the charge sheet is yet to be filed. FIR is not only registered for the offences under the Act, but also for the offences under the provisions of IPC. Under the circumstances, in exercise of powers under Section 482 Cr.PC, the investigation which is under progress cannot be stalled."

It concluded that the ongoing investigation could not be halted at this stage and therefore dismissed the petition.

To view the original order, click on the link below: