Bombay High Court Rejects Quashing of Cheating Case Against Doctor Over Patient Data Misuse The Nagpur bench of the Bombay High Court recently dismissed a plea by a doctor accused of misusing confidential patient data obtained through a clinic employee, rejecting efforts to quash criminal proceedings against him. Justice Urmila Joshi Phalke emphasized that the evidence presented suggests a prima facie case of cheating under Section 420 of the Indian Penal Code and Section 66 of the Information Technology Act. The court’s decision underscores the ethical obligations of medical professionals and the legal consequences of exploiting patient trust for personal gain. The case stems from a complaint filed by a hair transplant clinic doctor, who alleged that his receptionist misappropriated patient fees and shared sensitive medical data with the accused. According to the FIR registered at Dhantoli police station, the employee allegedly used WhatsApp and email to transfer patient information to the doctor, who then diverted patients to other clinics for financial benefit. The irregularities were reported between February 14 and April 9, 2022, during which certain patient records were deleted, and fees totaling Rs 4,900 went unaccounted for. During the investigation, the employee admitted to sharing patient data via digital platforms, and call detail records confirmed sustained communication between her and the accused. The court noted that WhatsApp chat logs clearly demonstrated the nature of their interactions, including the exchange of commissions. Justice Phalke stated that while the doctor’s actions may not have been overtly criminal, the repeated communication and financial transactions with the clerk indicate a deliberate intent to exploit the system.#doctor #information_technology_act #bombay_high_court #justice_urmila_joshi_phalke #dhantoli_police_station
