Smt.Indu Lall vs The State Of Madhya Pradesh on 15 December, 2025

NEUTRAL CITATION NO. 2025:MPHC-JBP:67972

1 MCRC-51095-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 15th OF DECEMBER, 2025
MISC. CRIMINAL CASE No. 51095 of 2025
DR. AJAI LALL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Surendra Singh - Senior Advocate with Shri Samresh Katare

and Shri Kapil Pathak - Advocate for the applicant.
Shri Prashant Singh - Advocate General with Shri Brahmadatt
Singh - Dy. Advocate General for the State.
WITH
MISC. CRIMINAL CASE No. 51094 of 2025
SMT.INDU LALL
Versus
THE STATE OF MADHYA PRADESH
Appearance:

Shri Vivek Tankha - Senior Advocate appeared through
Video Conferencing with Shri Shashank Shekhar - Senior Advocate
with Shri Bhupesh Tiwari - Advocate for the applicant.
Shri Prashant Singh - Advocate General with Shri Brahmadatt
Singh - Dy. Advocate General for the State.

ORDER

NEUTRAL CITATION NO. 2025:MPHC-JBP:67972

2 MCRC-51095-2025 This is the first application filed by the applicants under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023/Section 438 of Cr.P.C., 1973 seeking anticipatory bail in connection with Crime No.245 of 2025 registered at Police Station - Kotwali, District - Damoh for the offence punishable under Sections 318(4), 336(2), 340(2), 105 and 3(5) of the BNS and Section 12 Madhya Pradesh Upcharyagriha Tatha Rujopchar Sambandhi Sthapanaye (Registrikaran Tatha Anugyapan) Adhiniyam, 1973.

2. Learned Senior counsel for the applicant has Submitted that as per the FIR dated 15.04.2025 the allegation against the applicants is that the Chief Medical and Health Officer, Damoh, Dr. Mukesh Jain has filed

a complaint to the concerned Police Station -Kotwali Damoh that the Director and Management Board of the Mission Hospital has forged the signature of Dr. Akhilesh Dubey for getting registered the Cath Lab in the Mission Hospital, Damoh whereas Dr. Akhilesh Dubey has clearly denied that he has signed any application or the declaration form.

3. The second limb of allegation is that during the period of 01.01.2023 to 12.01.2025, doctor of the Hospital Narendra John Kem conducted the angiography and angioplasty in which, seven patients died and the intimation of appointment by the Hospital Staff and Management was not given to the competent authority. The docter was not qualified for appointment.

4. Learned senior counsel for the applicant has further submitted

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3 MCRC-51095-2025 that there was no such registration, it was approval as there is necessity to establish a Cath Lab or to install the machine which is done by the third party i.e. SCHNELL and the Hospital Management was not directly involved in the case. The information was sent through e-mail to Dr. Akhilesh Dubey and documents were submitted by Dr. Akhilesh Dubey on e-mail and after verification, the online registration was done, hence, no physical form or application was required. The Equipment of Interventional Radiology manufactured by Phillips Medical System, Netherlands, B.V. Netherlands make and model AZURION5M12 equipment ID - G.XL174803 was purchased and Government of India Atomic Energy Regulatory Board vide its order after completing the formalities, issued the licence for operation from 20.03.2023 to 20.03.2028.

5. Learned senior counsel for the applicant has submitted that the quality Assurance Report of SCHNELL (Annexure- A6), at the time when the application was filled, the applicant Dr. Ajay Lall was not the member of the Governing Council of the Hospital/Society (Annexure A-

5) and he was member from 25.06.2020 to 24.06.2023.

6. On the second limb of the charge, learned senior counsel for the applicant has submitted that the appointment of Dr. Narendra John Kem was done through an Out Sourcing Agency namely Integrated Workforce Unit Solution Private Limited, Bhopal (in brevity "IWUSPL,

Bhopal), hence, the applicants are not liable for the act of Dr. Narendra

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4 MCRC-51095-2025 John Kem and they were not having any knowledge that the Dr. Narendra John Kem has no qualification or documents were forged and they were not involved in forgery of document. Learned senior counsel for the applicant has further submitted that the appointment letter was issued by the HR, Manager, Mission Hospital, Damoh but at that time the applicants were not liable for the operation of the Hospital.

7. Learned senior counsel for the applicant has further submitted that in the report, on the death of the patients in the hospital, after the treatment, a committee was constituted in which it was found that Dr. Narendra John Kem had not treated some patients and no patient died due to inefficiency of the treatment provided by Dr. Narendra John Kem and further submitted that Dr. Narendra John Kem is facing a separate trial for that and the applicants are not the accused in that case and Dr. Narendra John Kem is not the accused in the instant case. Hence, no principal of the vicarious liability in the criminal cases can be established, except the law specifically provides for that.

8. Shri Vivek Tankha, learned senior counsel for the applicant to support his argument has relied on the case of Sanjay Datt & Others vs. State of Haryana & another passed in CRA No. 11/2025 (@ SLP (Crl) No.7464/2024) vide judgement dated 02.01.2025 and has submitted that vicarious liability of the Managing Director and Director of a Company would arise, provided any provision exists in that behalf in the statute. Even where such provision for fastening vicarious liability exists, it does

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5 MCRC-51095-2025 not mean that any and all directors of the Company would be automatically liable for any contravention of such statute. Vicarious liability would arise only if there are specific and substantiated allegations attributing a particular role or conduct to such director, sufficient enough to attract the provisions constituting the vicarious liability and by extension the offence itself. An individual who has perpetrated the commission of an offence on behalf of a Company can be made an accused, if the statute provides for such liability.

9. Learned senior counsel for the applicant has further relied on the judgment of R. Kalayani vs. Janak C. Mehta and Others, (2009) 1 SCC 516, the judgment of Shiv Kumar Jatia vs. State of NCT of Delhi, (2019) 17 SCC 193 and also the judgment of Apex Court in M/s GHCL Employees Stock Option Trust vs. M/s India Infoline Limited, 2013 (4) SCC 505 and has submitted that no specific role has been assigned to the applicant then the applicant cannot be held liable for the offence and has also submitted that as per the document submitted before the Medical Authority, they have clarified and submitted the updated position of previous detail of the Hospital but due to mistake they had given the name of 8 persons to be the part of the Governing Body of the Hospital, after that this was corrected and in the corrected list, the name of the applicants do not find place, hence, the applicants be released on anticipatory bail.

10. Learned Advocate General for the State has submitted that the

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6 MCRC-51095-2025 case is not so simple. The applicants' Hospital wanted to be the part of Ayushman Bharat Niramay Project of the Government of India and for that they shown that they may provide the facility of Heart Care and Trauma Center for EMC & ESB and for that it was necessary that the concerned Hospital would have a Heart Specialist and in that they have used the name of Dr. Akhilesh Dubey who was visiting the hospital for a day in a month, took his documents and misused the documents of Dr. Akhilesh Dubey and Dr. Akhilesh Dubey has clearly stated that he has not given any declaration and he was also not appointed by the board. He is a reputed Cardiologist and is working in Jabalpur. His name was used to obtain the affiliation/registration for Ayushman Bharat Niramay Project and they have admitted the patients and cheated them.

11. Furthermore, regarding the appointment of Dr. Narendra John Kem as a Cardiologist, it is clear that IWFUSPL Institute had firstly approached Dr. Narendra John Kem but after that to save the commission/fees of services provided by IWFUSPL Institute, two co- accused persons namely Sanjeev Lambert and Vijay Lambert contacted with Dr. Narendra John Kem and Job Offere letter was given and after that the HR Department had issued the appointment letter to Dr. Narendra John Kem who was having no degree, and the hospital

authorities who were directly responsible for the business of the hospital, never verified the degree of Dr. Narendra John Kem and in that he started working in which 7 persons lost their life, thus, a fraud,

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7 MCRC-51095-2025 mismanagement was directly attributed to applicants. The applicant Ajay Lall has a criminal record in which, in one case, this Court has quashed the FIR and the matter is pending in the appeal before the Apex Court and in other matter the Apex Court has granted the stay and this is the third case, hence, the applicant is not entitled to be released on anticipatory bail. Learned Advocate General for the State has submitted a copy of the order of the Apex Court passed in SLP(Crl.)16122/2023 dated 05.01.2024.

12. Learned senior counsel for the applicant has further submitted that as per WP No.23048/2023, vide order dated 23.09.2023 of this Court, the FIR registered against the applicant in Crime No.571/2024 has been quashed, whereas in CRR-4629/2023 arising out of SC No.27/2023 pending before the Special Judge/Session Judge, Damoh was dismissed by this Court but Hon'ble Apex Court has given the stay.

13. Learned Advocate General for the State has further relied on the Judgment of Indraprasth Medical Corporation Ltd. vs. State NCT of Delhi and Ors., ILR (2010) VI Delhi 653 CRL. M.C. that the offence of medical negligence cannot be fastened on the company, since the company can neither treat nor operate a patient of its own. The hospital/Company cannot be held liable for personal negligence of doctor in giving wrong treatment. However, if there is an administrative negligence, or a negligence of not providing basic infrastructure, which results into same harm to an aggrieved person or such negligence which

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8 MCRC-51095-2025 is impersonal, the Hospital can be held liable.

14. Learned Advocate General for the State has further relied on the judgment of Daljeet Singh Gujral vs. Jagjeet Singh Arora, 2015 SCC OnLine P&H 8340 and submitted that the applicants are absconding since long, hence, their anticipatory bail applications be dismissed.

15. I have heard the learned counsel for the parties and perused the record.

16. From the record, it is clear that applicant Dr. Ajay Lall was initially attached with the Society & the Society was registered in his residential address. The applicant Indu Lall is the wife of the applicant Ajay Lall. Furthermore, it is clear that to establish a Cath Lab, the documents of Dr. Akhilesh Dubey were not required but it is also clear from the record that documents of Dr. Akhilesh Dubey have been used in the registration of a Cath Lab. It also clear that Dr. Akhilesh Dubey in clear terms has stated that he was some time visiting the Hospital and used to treat the patients and after establishment of the Cath Lab, he has performed the Angioplasty of the patients but he had not given the consent to work as a Cardiologist in the Mission Hospital, Damoh. In registration / affiliation of Ayushman Bharat Niramay Project, the documents and the consent letter of Dr. Akhilesh Dubey have been used. It is also cleared that Dr. Narendra John Kem was appointed by the Hospital Authorities directly bypassing the Out Sourcing Agency. It is also the fact that he was treating the patients without having due

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9 MCRC-51095-2025 educational qualifications and experience.

17. It is also clear that some patients died and from the disclosure statement of Dr. Narendra John Kem in Crime No.225/2025 which is a part of this case dairy, this fact is proved that Vijay Lambert is the co- accused in that case and Vijay Lambert in his confessional statement has clearly stated that in the Board of Directors and Managers, applicant Ajay Lall and other accused persons namely Indu Lall, Asheem Newton, Frank Harrison, Jeevan Messy, Roshan Prasad, Quadir Yusuf, Sanjeev Lambert and Vijay Lambert were actively involved in the case and custodial interrogation and disclosure of the facts may be required

18. Looking to the above facts as well as the applicant Ajay Lall has also criminal records, this Court does not deem it appropriate to enlarge the applicants on the Anticipatory Bail.

19. Looking to the above factual aspects, the applications are dismissed.

(DEVNARAYAN MISHRA) JUDGE

DPS