The Jharkhand High Court has directed the police to register a First Information Report (FIR) in connection with allegations that five minor children contracted HIV after receiving blood transfusions at Chaibasa Sadar Hospital’s blood bank. The court passed the order while hearing a writ petition filed by the children through their guardians, seeking criminal action and an independent investigation into the incident.
Background of the Case
The case was brought before the High Court by petitioner Deepika Hembram, represented by her natural guardian Anita Hembram, along with other affected minors. The petition alleged that the children were transfused with HIV-infected blood at the Chaibasa Sadar Hospital Blood Bank in West Singhbhum district.
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Counsel for the petitioners argued that negligence and serious lapses on the part of officials managing the blood bank endangered the lives of the children. According to the petition, the infection occurred following transfusions carried out at the hospital, raising concerns about blood screening and safety procedures.
The petitioners also claimed that despite a written complaint being submitted by one Dusru Kunkal to the Officer-in-Charge of Chaibasa Sadar Police Station, no FIR was registered. The families, described as belonging to economically weaker and marginalised sections of society, alleged that their grievance was ignored by the police authorities.
During the hearing, the petitioners’ counsel referred to provisions of the Drugs and Cosmetics Act, 1940, arguing that infected blood falls within the definition of “drug” under the law and that the use of spurious drugs is treated as a cognizable offence.
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Opposing the claims, the State’s counsel informed the court that, based on official instructions, no such complaint had been received from the petitioners or their guardians. The State maintained that since no written complaint was submitted to the police, registration of an FIR could not take place.
Court’s Observations
Justice Gautam Kumar Choudhary noted that there is a settled legal principle requiring the police to register an FIR when a complaint discloses a cognizable offence.
“The police is under the statutory duty to lodge FIR when the complaint discloses a cognizable offence,” the bench observed while examining the matter.
However, the court also pointed out that the written report annexed with the petition did not mention any date. This absence of a specific date created uncertainty regarding whether the complaint had formally reached the police authorities.
Court’s Direction and Decision
Considering the circumstances, the High Court directed that any of the petitioners, through their guardians, may submit a written complaint to the concerned police station. The court ordered that upon receiving such a complaint, the police must register the FIR without delay and provide a copy of the report to the informant.
The court further directed that after registration of the FIR, the Officer-in-Charge of the concerned police station must file a copy of the written report before the High Court through a counter affidavit.
The matter has been listed for further hearing on February 18, 2026.
Case Title: Deepika Hembram (through guardian) & Ors. vs State of Jharkhand & Ors.
Case No.: W.P. (Cr) No. 50 of 2026
Decision Date: February 4, 2026
