Nagpur bench finds prima facie evidence of cheating, says accused gained monetarily by diverting patients data
Nagpur: The Nagpur bench of the Bombay High Court has refused to quash an FIR filed against a doctor accused of misusing leaked patient data to grow his medical practice, observing that sufficient evidence exists to proceed with the case.
Court finds clear intent and monetary gain
The bench, comprising Justice Urmila Joshi Phalke, noted that the investigation papers clearly indicated the accused doctor’s intention from the outset. The court observed that the doctor’s actions resulted in financial loss to the complainant while enabling personal monetary gain for himself.
“On plain reading of the complaint and investigation papers, the intention of the applicant since inception is apparent… the offence of cheating is made out,” the court stated while rejecting the plea.
Allegations of patient data leak and diversion
The case stems from a complaint filed by a Nagpur-based doctor running a hair transplant clinic. According to the complaint, a clinic employee allegedly shared confidential patient data with the accused doctor and another individual.
It was further alleged that the employee diverted patients to them and retained a portion of the earnings, prompting the complainant to lodge an FIR at Dhantoli Police Station.
Digital evidence strengthens prosecution case
During the investigation, authorities uncovered WhatsApp chats and call detail records (CDRs) showing consistent communication between the accused doctor and the clinic employee. The data revealed that patient details were exchanged and used to redirect patients for treatment elsewhere.
Additionally, financial records, including account statements linked to the co-accused, supported claims of monetary transactions arising from the alleged activities.
Violation of medical ethics highlighted
The prosecution also argued that the accused doctor’s conduct violated established principles of medical ethics, which discourage practitioners from soliciting or enticing patients away from fellow professionals.
The court acknowledged these submissions, emphasizing that medical professionals owe a duty not only to patients but also to their colleagues.
Prima facie case established
After reviewing the evidence, the court concluded that there was sufficient prima facie material linking the accused to the offence. While noting that charges related to criminal breach of trust may not directly apply, the bench held that the cheating allegations were well-supported.
Accordingly, the High Court dismissed the doctor’s application, allowing the investigation and legal proceedings to continue.
