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PBT Wins Case Against Police Inaction: Magistrate Directs to Register FIR For Alleged Fraud and Cheating by Apollo Clinics and Deregistered Doctor

In an unprecedented development against wide-spread police inaction to lodge FIR or to initiate criminal investigation of powerful private hospitals/doctors for alleged cheating, fraud or criminal conspiracy, Court of the Additional Chief Judicial Magistrate (ACJM) in Salt Lake, Kolkata allowed PBT’s appeal against police inaction and directed police at the Bidhan Nagar (North) Police Station to register PBT’s complaint as an FIR and immediately initiate criminal investigation of several cognizable offenses against premier Apollo Clinics at City Center, Kolkata and Dr. Barun Chakraborty, a gynecologist who continued practice at the said clinic even after his medical registration was suspended by the West Bengal Medical Council (WBMC). A written complaint was lodged with the Bidhan Nagar police in March, 2018 by PBT after they came to learn that Dr. Chakraborty was regularly attending patients at Apollo Clinics although his license to practice was suspended by WBMC for a period of one year starting June, 2017. PBT’s complaint contained specific allegations of cognizable offence against Apollo Clinics and Dr. Chakraborty for violation of several provisions of Indian Penal Code (IPC) including Section 120b (“criminal conspiracy”), Section 420 (“cheating”) and Section 467 (“forgery”).

The senior police officer (IC), Mr. Saikat Banerjee, who received PBT’s complaint, merely “acknowledged” the complaint but refused to register an FIR against the accused (Apollo Clinics and Dr. Chakraborty) in clear violation of Section 154 CrPC. PBT then lodged a formal complaint with the Police Commissioner who also remained absolutely silent. With no other option to find justice, PBT then approached the court (under Section 156 CrPC) and the Ld. Magistrate allowed PBT’s petition this week citing several Apex Court judgments and issued categorical direction to the police to register PBT’s complaint as an FIR and to proceed immediately with the criminal investigation against Apollo Clinics and Dr. Chakraborty as per law. The complaint of similar deliberate police inaction against powerful members of the society including doctors and private hospitals is not new. In fact, PBT is also investigating several other similar criminal activities by top doctors who continue practice without any hesitation despite having their medical license revoked by the medical council.

{ 4 comments… add one }

  • Ganesh Mandal May 7, 2018, 1:20 pm

    I am very glad to see this email today as because PBT won this case. PBT will win each and every case which PBT filed . T

  • Ganesh Mandal May 7, 2018, 1:20 pm

    I am very glad to see this email today as because PBT won this case. PBT will win each and every case which PBT filed . Thanks to PBT

  • Mr Amitra Sudan Chakharbortty May 8, 2018, 5:13 am

    It reflects the situation as to how the powerful hospital can make the police compltely inactive unless and until you move the court which is a costly, time consuming and very fraustrating affair. I shall be grateful if you kindly share a copy of the order of the court through an email.

  • Parag May 12, 2018, 1:23 am

    Excellent! Congratulations on the win! Such a blatant violation of law by police and hospitals. With the various pro-active steps that PBT is taking, I am pretty sure corrupt and negligent Doctor’s in Kolkata would atleast have some fear of law. Sadly, I believe in other places in India, corrupt and negligent Doctor’s are still harassing and committing serious crimes making innocent patients and their relatives suffer.

    My family is also a victim of medical negligence. I’ve started the petition “Medical Council of India, Lilavati Hospital: Cancel License, expel Corrupt Nephrologist Hemant Mehta, Prashant Rajput who killed my Mom” and need your help to get it off the ground.

    Will you take 30 seconds to sign it right now. Here’s the link:

    http://www.change.org/p/medical-council-of-india-lilavati-hospital-cancel-license-expel-corrupt-nephrologist-hemant-mehta-prashant-rajput-who-killed-my-mom

    Thanks!
    Parag

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