Nagpur: The Nagpur bench of Bombay High Court recently refused to quash criminal proceedings against a city-based doctor accused of obtaining confidential patient data through a clinic employee and diverting patients for monetary gain. The court said the material on record suggests prima facie a case of cheating warranting trial. Justice Urmila Joshi Phalke rejected the doctor’s plea seeking to quash an FIR registered at Dhantoli police station under Section 420 of IPC for cheating and Section 66 of Information Technology Act.The judgment also underscored ethical standards within the medical profession. “There are moral principles which guide members of the medical profession in their dealings with each other. The basis of a good relationship between doctors lies in mutual respect and understanding,” the court said, adding “a doctor must not wean away patients from his colleagues”.The case originated from a complaint by a hair transplant clinic doctor, who alleged that his receptionist misappropriated patient fees and shared confidential patient data with the accused. The data was allegedly used to divert patients to other clinics. Irregularities surfaced between Feb 14 and April 9, 2022, when certain patient entries were deleted and fees amounting to Rs 4,900 were not accounted for.During the inquiry, the employee admitted to sharing patient information via WhatsApp and email. The investigation revealed sustained communication between her and the petitioner, supported by call detail records and mobile data. “WhatsApp chat clearly shows the nature of the communication, where she has received the commission from the petitioner,” the court observed.Rejecting the contention that the dispute amounted only to professional misconduct, the judge held “the petitioner’s act is not only misconduct or violation of the professional etiquette, but his intention is apparent”. She noted that intention, though not directly provable, can be inferred from circumstances such as repeated communication and financial transactions with the clerk.
