In a case that raises serious concerns about medical ethics and data misuse, the Nagpur Bench of the Bombay High Court has refused to quash an FIR against a city-based doctor accused of “patient poaching.” The court relied on WhatsApp chats, call records, and financial trails that allegedly reveal a coordinated effort to siphon patients using confidential data.  

On April 1, 2026, Justice Urmila Joshi Phalke of the Nagpur Bench declined to grant relief to Dr. Utpal Bandhekar, who had approached the court seeking to quash an FIR filed against him. 

The FIR was registered at Dhantoli Police Station, Nagpur, under charges including:

• Cheating

• Criminal breach of trust

• Violations under the Information Technology Act

The court held that there was sufficient material evidence to allow the investigation and legal proceedings to continue

The case originated from a complaint filed by Dr. Nilesh Pund, who operates a hair transplant clinic in Nagpur. Dr. Nilesh Pund alleged that one of his clinic employees illegally shared confidential patient data and worked in collaboration with Dr. Utpal Bandhekar and another individual. According to the complaint, this arrangement led to patients being deliberately diverted away from his clinic. In return, the employee reportedly received a share of the revenue generated, suggesting a coordinated network driven by internal data leaks and financial incentives.

During the investigation, police uncovered crucial digital evidence, including:

• WhatsApp conversations showing frequent communication

• Call records confirming regular contact between the accused doctor and the clinic employee

These chats reportedly indicated:

• Sharing of patient information

• Monetary transactions in exchange for referrals

The court considered this evidence significant enough to establish a prima facie case of cheating and unethical conduct.  

While examining the case, the High Court observed that the charge of criminal breach of trust by a clerk or servant may not directly apply to Dr. Utpal Bandhekar. However, the court noted that the available evidence indicates his active involvement in cheating, and the alleged actions reflect a clear intent from the outset to derive financial gain.

Importantly, the court emphasized that:

The bench noted that the conduct in question went beyond professional misconduct, indicating deliberate exploitation of patient data.

The High Court ruled that there is adequate evidence at this stage and that the case cannot be dismissed by invoking its inherent judicial powers. It further held that the matter requires a full legal examination during trial. Consequently, the plea to quash the FIR was rejected, and criminal proceedings against Dr. Utpal Bandhekar will continue.

(Rh/ARC)