Karnataka HC Refuses To Quash Case Against Doctor Allegedly Involved In Illegal Medical Termination Of Pregnancy Scam

The Karnataka High Court has refused to quash proceedings initiated against a doctor who runs a private hospital and is alleged of huge scam of illegal termination of pregnancy in the hospital belonging to him.

A single judge bench of Justice S Vishwajith Shetty dismissed the petition filed by Dr. Ravikumar N.K who had approached the court seeking to quash the proceedings initiated for the offences punishable under Sections 312, 313, 315, 316 IPC read with Section 5(b), 5(1)(2) & (3) of Medical Termination of Pregnancy Act, 1971.

The petitioner claimed that he and his wife, who is also a doctor, are running a hospital in the name of Aasare Hospital, Nelamangala Town. It was stated that the FIR could not have been registered for the offences under the provisions of the Medical Termination of Pregnancy Act, 1971, since the first informant is not a competent authority to initiate proceedings under the said Act.

The District Health and Family Welfare Officer, in his statement, admitted this aspect of the matter, and therefore it was stated that a continuation of impugned criminal proceedings against the petitioner would amount to abuse of process of law.

The prosecution opposed the plea contending that during the course of the investigation, it was unearthed that there was a huge scam of illegal termination of pregnancy in the hospital belonging to the petitioner.

It was stated that they have performed 74 such illegal termination of pregnancy and have not maintained proper registers as required under the Act. 

The bench noted that FIR has been now registered for the offences punishable under Sections 312, 313, 315, 316 of IPC and also for the offences under Sections 4(b), 5(1) (2) & (3) of the Act. The offence under Section 313 IPC is punishable with imprisonment for life and that the investigation in the case is under progress.

Taking note of the prosecution submission that similar offences committed in other hospitals are also unearthed and action is being taken against all the erring hospitals throughout the State, it said “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.”

It added “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.”

Following this it dismissed the petition.

Appearance: Advocate Tejasvi K.V for Petitioner.

HCGP K.P. Yashodha for Respondent.

Citation No: 2024 LiveLaw (Kar) 206

Case Title: Dr Ravikumar N.K AND The State Of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 3154 OF 2024

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