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Delhi HC stays proceedings against Ganga Ram Hospital; Reserves order in the plea to quash FIR

Aditi Singh

The Delhi High Court has ordered a stay on the proceedings consequent to the FIR registered against the medical superintendent, Sir Ganga Ram Hospital for allegedly not following norms pertaining to the collection of COVID-19 test samples. (Ganga Ram Hospital vs State)

The ad-interm stay order was passed by a Single Judge Bench of Justice C Hari Shankar after it reserved its orders in the petition to quash the FIR.

Order will be pronounced on June 22, 2020 at 10:30 am.

Till then, the proceedings consequent to the impugned FIR shall remain in abeyance. It is made clear that this ad interim direction is being passed only so as to ensure that the status quo is not disturbed and nothing precipitates, prior to passing of orders by this Court..
Delhi High Court

The Court has clarified that the interim order should not be treated as a reflection on the merits of the case of either party, even on the application for stay.

FIR under Section 188 IPC was registered against the medical superintendent, Sir Ganga Ram Hospital for allegedly flouting the Delhi Government's order on mandatory usage of a digital platform called 'RT PCR app' for transmitting and sharing data on the collection of COVID-19 test samples.

The Hospital submitted that while it was unable to transmit information on sample through the RT-PCR app as it could not register on it due to operational constraints, all data was sent to ICMR as well as Delhi Government manually through email.

The Hospital, inter alia, argued that there was neither "disobedience" nor was there any consequent obstruction, annoyance or injury to a person in terms of section 188 IPC.

The Hospital was represented by Senior Advocate Sidhartha Luthra with Advocates Rohit K Aggarwal, Gunjan Sinha Jain.

State was represented by Standing Counsel Rahul Mehra, Additional, Standing Counsel Rajesh Mahajan and Advocate Chaitanya Gosain.

Read the Order:

Ganga Ram Hospital vs State - June 16.pdf
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