The Patna High Court has quashed criminal proceedings against a doctor accused of cheating and criminal breach of trust over a disputed medical opinion. The Court held that there was no prima facie evidence of dishonest intention or fraudulent misappropriation and reiterated that every breach of trust does not automatically constitute the offence of criminal breach of trust.
Court Finds No Ingredients of Cheating, Criminal Breach of Trust
Justice Sunil Dutta Mishra observed that the allegations against the doctor, even if accepted in their entirety, did not establish the essential ingredients of offences punishable under Sections 406 and 420 of the Indian Penal Code (IPC).
The Court noted that the dispute essentially arose from a medical opinion given by the doctor while performing her professional duties. It found no prima facie material indicating that the doctor had acted with dishonest intention or had committed criminal breach of trust.
The High Court further reiterated the Supreme Court’s position that where allegations, even if accepted at face value, do not prima facie constitute an offence, or where continuation of criminal proceedings would amount to abuse of the process of law, the High Court can exercise its inherent jurisdiction to quash the proceedings.
Patient Had Consulted Doctor Over Pregnancy Complications
According to the case details, the complainant, an advocate by profession, visited the doctor’s clinic for pregnancy-related complications.
After examining an ultrasound report brought by the patient, the doctor advised her to undergo medical termination of pregnancy for a prescribed fee. Although the patient deposited the fee, she later decided not to undergo the procedure following advice from her family members.
The doctor subsequently prescribed certain medicines, which the patient consumed. She alleged that her health deteriorated after taking the medicines.
Complainant Later Delivered Healthy Child
The patient subsequently consulted another doctor and was allegedly informed that the foetus was healthy. She ultimately delivered a healthy child.
Based on these circumstances, the complainant alleged that the petitioner-doctor had deliberately provided incorrect medical advice and retained the amount paid for the proposed procedure.
The complaint led the Magistrate, after considering the complainant’s solemn affirmation and statements of inquiry witnesses, to find a prima facie case and take cognisance of offences under Sections 406 and 420 IPC.
Doctor Challenged Criminal Proceedings
The doctor challenged the Magistrate’s order before the Revisional Court, arguing that the allegations did not satisfy the legal requirements for cheating or criminal breach of trust.
The Revisional Court dismissed the revision petition and upheld the Magistrate’s order. The doctor then approached the Patna High Court seeking quashing of the revisional order dated February 16, 2016, and all consequential criminal proceedings.
A Coordinate Bench of the High Court had earlier stayed further proceedings before the S.D.J.M., Samastipur.
Defence Argues No Dishonest Intention
Before the High Court, counsel for the doctor argued that there was no entrustment of property, which is necessary to establish criminal breach of trust under Section 406 IPC.
The counsel also submitted that there was no fraudulent or dishonest inducement or false representation by the doctor from the beginning of the transaction, which is necessary to constitute cheating under Section 420 IPC.
It was further argued that the doctor was a qualified medical practitioner who had merely provided her professional opinion based on the ultrasound report presented by the complainant and prescribed medicines as part of the treatment.
High Court Quashes Proceedings
The High Court accepted the doctor’s contention that the allegations did not disclose the essential ingredients of Sections 406 and 420 IPC.
The Court concluded that the dispute arose from the medical opinion provided during the course of professional duties and that there was no prima facie material demonstrating dishonest intention at the inception of the treatment.
Accordingly, the High Court exercised its inherent jurisdiction to quash the criminal proceedings, holding that continuation of the case would amount to an abuse of the process of law.
Important Highlights
- The Patna High Court quashed criminal proceedings against a doctor accused under Sections 406 and 420 IPC.
- The case arose from a disputed medical opinion concerning pregnancy-related treatment.
- The Court found no prima facie evidence of dishonest intention or fraudulent misappropriation by the doctor.
- The Court observed that every breach of trust does not automatically constitute criminal breach of trust.
- The doctor had argued that she had provided professional medical advice based on the ultrasound report and had not made any fraudulent representation.
