The Jharkhand High Court on February 4 ordered the registration of a first information report (FIR) in a case where five children were infected with HIV after getting blood transfusions [Deepika H & Ors. v. State of Jharkhand & Ors.].

Justice Gautam Kumar Choudhary was told although there was a written report detailing this incident, no FIR had been lodged yet.

The Court, therefore, instructed that the FIR be filed without further delay, adding that the police had duty to register a the criminal case when a complaint discloses such serious offence.

The Court passed the order on a plea alleging that children affected by thalassemia were exposed to HIV due to negligence by staff at the Chaibasa Sadar Hospital Blood Bank during multiple blood transfusions.

The petitioners argued that the alleged transfusion of infected blood put the children’s lives at risk and demanded urgent legal action.

The petitioners submitted that a written report had been filed previously at the concerned police station, but that no FIR had been registered.

However, the State argued that no formal complaint had been lodged, which prevented the registration of an FIR.

The Court noted that the Drugs and Cosmetics Act, 1940 makes using spurious drugs or materials a criminal offence and that "infected blood" also comes within the purview of the act.

It also observed that the affected children were from poor and marginalised sections of society.

The Court proceeded to direct that once any of the affected children, through their guardians, lodge a written report at the concerned police station, an FIR must be lodged without delay.

The matter will be heard next on February 18, 2026, when the Court will review compliance with its directions and the status of FIR registration.

Advocate Md Shadab Ansari appeared for the petitioners.

The State was represented by advocate Amrita Banerjee.

[Read Order]