Dr Parthsarthi Shukla, prime accused in the infant exchange scandal, has been given relief by the Supreme Court by directing the
investigating agency not to arrest the accused. The division bench further stayed the narco test of doctor Shukla, though it ordered the accused to extend all cooperation to the investigating agency as and when required.
Justices SK Jain and BH Dattu of a division bench of the Supreme Court also stayed proceedings in the Nagpur bench of the Bombay High Court regarding the habeas corpus petition filed by the complainant Harish Chhutlani, whose infant son Saurabh was exchanged and is untraceable now.
Advocates Mahesh Pitale and Atul Chandurkar of Nagpur argued for the accused in the SC. Dr Shukla had approached the apex court after the HC bench at Nagpur rejected his anticipatory bail plea.
On November 15, 2008, one Harish Chhutlani's infant son was hospitalized at Shukla Hospital, however the infant was either exchanged or went missing. Chhutlani did not take custody of an infant handed over to him. Later, this infant died and was handed over to one Daberao of village Digras in Akola district. DNA profile of the dead infant and the Chhutlani and Daberao families did not match. However, the DNA of a live unclaimed infant matched that of Daberao during the course of investigation and the live infant was handed over to Daberao.
The investigating agency has failed to trace the parents of the dead infant, nor has it been able to trace the Chhutlanis' infant. Dr Parthsarthi Shukla has been booked under section 363 (kidnapping) and 417 (cheating) of Indian Penal Code on a complaint by Chhutlani.