Bombay HC refuses to quash criminal proceedings against doctor in patient data leak case

Nagpur: The Nagpur bench of the Bombay High Court recently denied quashing an FIR against a doctor, accused of using leaked patient data to grow his own practice.

It was observed by the HC bench comprising Justice Urmila Joshi Phalke that the investigation papers disclosed the intention of the accused doctor. "On plain reading of the complaint and other investigation papers the intention of the present applicant since inception is apparent. It is also apparent that by his action or omission he has caused loss to non-applicant No.2 and gained monetarily for his personal use. Therefore, the offence of cheating admittedly is made out against the present applicant," the bench noted.

Therefore, observing that relevant evidence is available against the applicant to sustain the charge, the HC bench rejected the doctor's application for quashing the FIR registered at Dhantoli Police Station under charges of cheating, criminal breach of trust, and under the Information Technology Act.

The complaint was filed by a doctor who runs a hair transplant clinic in Nagpur. It was alleged by the complainant that one of the employees at his clinic secretly shared the details of patients with the accused doctor and another person.

Further, it was alleged that the concerned employee also diverted patients to both of those doctors and kept part of the money. Therefore, the complainant was constrained to approach police station and lodged the FIR.

While investigating the matter, police found WhatsApp chats and call records that showed regular contact between the accused doctor and the clinic employee. The AAP submitted that the patients were diverted to the accused doctor, who received the monetary gain from said activities. Therefore, submitting that intention of the accused doctor was apparent since inception, the Government counsel prayed for dismissal of the complaint.

It was also submitted that the international code of etiquette for the medical professional states that doctor ought to behave towards his colleagues as he would have behaved towards him, and the doctor must not entice patients away from his colleagues. The code of medical etiquette offers advice to other members of the profession that they owe duty to the patients as well as towards their colleagues. Therefore, it was argued that the act of present applicant was not only misconduct or violation of the professional etiquette but intention since inception was apparent.

After hearing both the sides and perusing the entire investigation papers, the bench noted that "there is no dispute that applicant as well as non-applicant No.2 both are medical professionals. As per the allegations levelled, the co-accused *** was in the employment of the non-applicant No.2. As per the allegations the job of said *** was to communicate with the patients maintain the data of the patients who are visiting the clinic of the nonapplicant No.2 to obtain the fees from them and to maintain record of the said fees also."

"As per the allegations during period of 14.02.2022 to 09.04.2022 though patient namely *** registered in the clinic of the non-applicant No.2, there names appears to be scratched in the entries and amount paid by them was also not given to non-applicant No.2. Therefore, non-applicant No.2 suspected about co-accused and she was inquired. During inquiry it revealed that she has not only misappropriated the amount collected by her from the patients but she has shared data of the patients with the present applicant and another co-accused and obtained monetary gain from them. Present applicant also communicated with her and obtained the information about patients and said patients were treated by the present applicant and also obtained monetary gain. During investigation Investigating Officer has seized the mobile hand set of the present applicant as well as co accused. On verification of the mobile data of co-accused it revealed that she had WhatsApp chat with the present applicant communicating the details of the patients and present applicant has also approached to her for getting the said details. During the course of investigation the Investigating Officer has also collected the CDR of the present applicant and co-accused and it is apparent that there was continuous communication between present applicant and the co-accused," it further noted.

The court observed that the WhatsApp chat clearly showed the nature of communication between present applicant and other co-accused. Account statement of the husband of the co-accused also substantiated the same. The mobile seizure panchanama of the co-accused when verified it reveals that there are various calls as well as WhatsApp chat between her and present applicant.

"Thus, on going through the entire investigation papers admittedly, prima-facie material is there to connect the present applicant with the alleged offence," the bench observed.

The Court observed that even though the offence of criminal breach of trust by a clerk or servant may not directly apply to the accused doctor, there was enough material to show his involvement in cheating.

"On plain reading of the complaint and other investigation papers the intention of the present applicant since inception is apparent. It is also apparent that by his action or omission he has caused loss to non-applicant No.2 and gained monetarily for his personal use. Therefore, the offence of cheating admittedly is made out against the present applicant," observed the court. Accordingly, it dismissed the application.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/2026/04/04/bombay-hc-order-339669.pdf

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