Calcutta High Court (Appellete Side)
Dr. Dilip Kumar Pahari vs Unknown on 8 December, 2023
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
08.12.2023
Serial no. 1
[G.S.D]
CRR 1046 of 2023
With
CRAN 1 of 2023
CRAN 2 of 2023
In the matter of : Dr. Dilip Kumar Pahari
... ... Petitioner
Mr. Milon Mukherjee
Mr. Biswajit Manna
Mr. Rahul Ganguly
Mr. Aritra Bhattacharya
... For the petitioner
Mr. Ranabir Roy Chowdhury
Mr. Sandip Chakraborty
... for the State
The present revisinal application has been preferred
challenging the proceedings arising out of Raiganj P.S. Case
No. 409 of 2012 dated 9.5.2012 under Sections
326/467/468/471/420/120B of the IPC.
The investigating authority on completion of
investigation has submitted charge sheet before the ld.
jurisdictional court.
Mr. Mukherjee, ld. senior advocate, appearing for the
petitioner, draws the attention of the court to the judgments
passed in CRR 341 of 2021 and CRR 598 of 2021. This Court
while allowing the revisional applications/quashing
applications on behalf of the doctors, opined as follows:
"I have considered the materials which have
surfaced in course of the investigation in connection
with the instant case and the foundation of the
allegations against the doctors happen to be that
they were associated/involved with the racket which
carried out the business of commercialisation of
human organs. The limited part with which doctors
have been associated in this case are related to fake
Aadhaar, PAN/Aadhaar Identification Number.
It is seen from the records that after the
documents were endorsed by the doctors, the Health
Department, Government of West Bengal also
verified and re-endorsed the same and only
thereafter when the permission was granted the
doctors were able to carry out the
operation/transplantation of the human organ. There
are no allegations against the doctors that they have
financially benefited themselves or wrongfully
enriched by their act or conduct. There are also no
allegations to the extent that any fatality occurred in
course of operation or transplantation of the kidney
or human organs so concerned."
The allegation, according to the prosecution, so far
as the present petitioner is concerned, is that, the petitioner
without verifying the document personally attested the copy
of false voter card of Utpal Roy along with other documents
depicting photograph of Utpal Roy as also explained the
entire matter of Kidney transplantation before the family
member of the donor but in the guise of Utpal Roy
somebody else donated the kidney to the recipient.
As observed in respect of the other revisional
applications, wherein proceedings against rest of the doctors
were quashed, I am of the view that the present petitioner
being a doctor had attested pursuant to the Health
Department's, Government of West Bengal verification/re-
endorsement for donation of such kidney.
Having considered the same, I am of the view that
no culpability can be attached to the present petitioner also.
Accordingly further continuation of the proceedings
so far as the present petitioner is concerned being Raiganj
P.S. Case No. 409 of 2012 dated 9.5.2012 under Sections
326/467/468/471/420/120B of the IPC, is hereby quashed.
If the petitioner is on bail, he will be discharged from
the bail bonds.
With the aforesaid observations, CRR 1046 of 2023 is
allowed.
Pending application, if any, is also disposed of.
The chart of evidence so submitted be kept with the
record.
Parties to act on a server copy of this order, duly
collected from the official website of the Hon'ble High Court,
Calcutta.
Urgent Photostat certified copy of this order, if
applied for, be supplied to the parties, subject to compliance
with all requisite formalities.
(Tirthankar Ghosh, J.)
