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

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: