Gachibowli cops use IPC section to file the FIR

Deccan Chronicle.

Nation, Crime

As per the Act, the court will take cognizance of offence only if the complaint is filed by the appropriate authority.

The Gachibowli police booked a case of ‘illegal kidney transplant’ against the staff of Continental Hospital at Nanakramguda on a complaint by a private doctor who had worked as a medical director in the hospital. (Representational image)

Hyderabad: The police are trying their best to cope with the rules stipulated in the Transplantation of Human Organs and Tissues Act while registering complaints. 

As per the Act, the court will take cognizance of offence only if the complaint is filed by the appropriate authority.  The issue came to light following a recent incident. 

The Gachibowli police booked a case of ‘illegal kidney transplant’ against the staff of Continental Hospital at Nanakramguda on a complaint by a private doctor who had worked as a medical director in the hospital.

Section 22 of the Act says, “No court shall take cognizance of an offence under this Act except on a complaint made by the appropriate authority concerned.”

According to Raju Yadav, an advocate, “The Central and state governments can notify the appropriate authority. The authority here is DME or DMHO,”

However,  the police said that other Sections in the IPC can be used in this case and while filing the charge sheet, a complaint can be obtained from DME or DMHO.

An investigating official said, “In the Continental Hospital case, they have been booked the charges of cheating and forgery. We will record the statement of the appropriate authority and present it in the court before filing the charge sheet.” 

Read more...