JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Sameer Saurabh, the learned counsel for the petitioner and Mrs. Nehala Sharmin, the learned counsel for the State.

2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. The petitioner has preferred this petition for quashing of the order dated 27.09.2018 passed in connection with Giridih (Muffasil), P.S. Case No. 426/2017, corresponding G.R. No. 3627/2017 by which the application filed by the petitioner under Section 457 of the Cr.P.C. has been rejected. The aforesaid case was instituted on the following premises:

The aforesaid case has been instituted on the basis of the direction of S.D.O. Giridih, by the In-charge Medical Primary Health Centre Sadar Block Giridih, and the prosecution case in short is that the S.D.O. in presence of Civil Surgeon Giridih conducted raid on seeks illegal nursing home and in course of verification it has been found that those nursing homes were following the norms of Clinical Establishment (Regulation and Registration) Act, 2010 and in those hospitals duly to the qualified doctors were not found and the expired medicine is being administered to the patient and accordingly, all those nurshing homes were sealed and some persons of those nursing homes were apprehended for the purpose of verification. It has been alleged that Shri Shashi Bhushan is operating the Verma Clinic, Sirsiya claiming himself paralysis expert and he also used to take contract for the treatment. It has also been alleged that from this Clinic illegal contraceptic pills in some materials relating to prostitution were also recovered. It has further been alleged that in none of the nursing homes biodegradable or non-biodegradable waste management were found and accordingly directed the Civil Surgeon, Giridih to institute the FIR against the owners of those nursing homes and accordingly the informant has registered the instant FIR only against the nursing homes including Verma Clinic, Sirsiya, Giridih.

4. Mr. Sameer Saurabh, the learned counsel appearing on behalf of the petitioner at the outset submits that the petitioner is not named in the F.I.R. and he has also not been charge-sheeted. The petitioner is the land owner of the premises situated at Mauza Sirsiya, Khata Nos. 3 and 29 Plot No. 198 and 200 Thana No. 44. According to him, the said premises was provided on lease rent to one Dr. Shashi Bhushan Prasad on 05.11.2003 for which a deed of lease was entered into between the petitioner and Dr. Shashi Bhushan Prasad which is contained in Annexure-2. In the said premises Dr. Shashi Bhushan Prasad was running a nursing home namely, Verma Clinic. On 10.12.2017 the S.D.M. along with Civil Surgeon, Giridih raided the house of the petitioner and sealed the same on 10.12.2017. It has been alleged by the authorities that the said Clinic was being run in absence of any licence which is a condition precedent for running the nursing home in the light of Clinical Establishment (Regulation and Registration) Act, 2010. Mr. Sameer Saurabh, the learned counsel for the petitioner submits that in the said Act, section 34 prescribes the power to enter. For the sake of brevity, section 34 of Clinical Establishment (Regulation and Registration) Act, 2010 is quoted herein-below:

“34. Power to enter - The authority or an officer authorized by it may, if there is any reason to suspect that anyone is carrying on a clinical establishment without registration, enter and search in the manner prescribed, at any reasonable time and the clinical establishment, shall offer reasonable facilities for inspection or inquiry and be entitled to be represented thereat:

Provided that no such person shall enter the clinical establishment without giving notice of his intention to do so