DR. ASHWANI PATHAK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition under Sec. 528 of the BNSS/ Sec. 482 of the Cr.P.C. has been filed by the petitioners challenging the order dtd. 8/5/2025 passed by 30th Additional Sessions Judge, Jabalpur in ST No.661/2022 arising out of Crime No.507/2022, whereby the application preferred by the petitioners under Sec. 91 of the Cr.P.C. has been rejected.

(2.) The facts of the case, in brief, are that on 28/8/2022 the complainant namely Dr. Dheeraj Dhawande C.H.M.O(Jabalpur) submitted a complaint to Police Station Lordganj, Jabalpur stating that on 26/8/2022 the complainant along with Dr. Pankaj Grover (RMO District Jabalpur), Dr. Adarsh Vishnoi Nodal officer Nursing Home, Bhuvan Mohan Sahu (District Co-ordinator Jabalpur) conducted an inspection at Central India Kidney Hospital and they found that the said hospital has admitted 12 patient in the first floor of adjoining Vega Hotel under the Ayushman Scheme. It is the case of the prosecution that some of the patients who were admitted under the said Scheme were found to be suffering from different ailment, whereas they were being provided treatment for some other disease. It is further the case of the prosecution that at around 5 PM on 26/8/2022 the complainant and his team also visited the 3rd floor of Vega hotel and found that 10 patients were admitted, however when the said team again visited the hotel at 9:30 PM on the same day, the floor was locked and there were no patients admitted. Further, case of the prosecution is that, in the file of certain patients the pathology report refers to the name of Dr.Vandana Khanna as Lab Director, however Dr. Vandana Khanna communicated that she is not associated with the said lab. it is also alleged that in the file of certain patients in their pathology report name of Dr. Sanjay Totade has been shown as Consultant Pathalogist, however Dr.Sanjay Totade informed that he has not been giving services in the said Lab since April 2020. On the basis of such complaint FIR bearing Crime No.507/2022 was registered at police station - Lordganj, district - Jabalpur.

(3.) During the course of investigation, the investigating agency recorded statements of various witnesses namely Mr. Prakash Patil, who allegedly stated that he was admitted in the hospital for one day, however it is the case of the prosecution that the file of the said patient showed that he was in the hospital from 13/5/2022 to 22/5/2022. Furthermore, the investigating agency after referring to the name of various patients averred that on the statement of the said witnesses, money was received by the hospital. Furthermore, statements of various witnesses have been recorded who have alleged that they were admitted for a single day, however their admission in the hospital has been shown from 13/5/2022 to 22/5/2022. On the said basis, various other patients have been made witnesses to aver that their stay in the hospital was shown for longer duration, than their actual admission.