VidhiSangh

Supreme Court of India · 06/04/2026

DR. S. BALAGOPAL versus STATE OF TAMIL NADU & ANR.

[2026] 4 S.C.R. 381 · 2026 INSC 319

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Summary

A paediatric surgeon was prosecuted for removing a child's undescended testicle (orchidectomy) allegedly without consent and for interpolating the procedure in the consent form. As the Medical Board found orchidectomy an appropriate alternative, the signed consent form listed both procedures separated by a slash, and there was no material of a different ink or handwriting, continuing the prosecution was an abuse of process and it was quashed under Section 482 CrPC.

Issues

  1. Whether criminal proceedings against a surgeon for performing orchidectomy, allegedly without consent and by interpolating the consent form, should be quashed under Section 482 CrPC.
  2. Whether the High Court can examine a question of fact such as alleged interpolation in a document while exercising jurisdiction under Section 482 CrPC.

Provisions considered

Held

Result

Appeal allowed; the High Court order was set aside and the proceedings in C.C. No. 13 of 2008 before the Judicial Magistrate No. 1, Poonamallee were quashed; no order as to costs.

Judgment PDF: Supreme Court of India, [2026] 4 S.C.R. 381.