The Telangana High Court has quashed the FIR and subsequent charge sheet filed against four employees of Vijaya Diagnostic Centre for allegedly issuing a false positive Hepatitis B surface antigen (HBsAg) report to a woman prior to her hernia surgery. The court held that the allegations, even if accepted in full, do not disclose an offence punishable under Section 336 of the Indian Penal Code (IPC), which pertains to acts endangering life or personal safety of others.
The complainant had undergone a rapid screening test for HBsAg at the diagnostic centre on June 10, 2022, which returned a reactive result. Based on this report, she experienced severe mental trauma, depression, and suicidal thoughts, and alleged that it increased the anticipated cost of her surgery. Subsequent tests conducted at Yashoda Hospital and a repeat test at the diagnostic centre using the Chemiluminescent Microparticle Immunoassay (CMIA) method returned non-reactive results. The retained blood sample also tested non-reactive via CMIA.
During investigation, the accused staff explained that the initial test was a rapid screening procedure known to be susceptible to false-positive results and that confirmatory testing is required before issuing a final report. They stated that the complainant had declined to provide a fresh blood sample for further testing. The Investigating Officer obtained an opinion from the Superintendent of Gandhi Hospital, which advised that a reactive rapid HBsAg test must be confirmed through methods such as CMIA, CLIA, or ELISA, preferably using a repeat blood sample, before a final conclusion is drawn. Relying on this opinion, the police concluded that the staff had acted negligently by issuing the reactive report without awaiting confirmatory testing and filed a charge sheet under Section 336 IPC.
The petitioners approached the High Court seeking quashing of the criminal proceedings, arguing that the allegations, even if true, do not meet the ingredients of Section 336 IPC. They contended that the report carried a disclaimer stating that the rapid screening test should not be treated as the sole criterion for diagnosis and that confirmatory testing was necessary. They also relied on scientific literature to establish that false-positive results are a known limitation of rapid HBsAg tests.