JUDGMENT :

Both these petitions have been heard together and will be disposed of by common order.

2. Instant petitions have been filed to set aside the entire criminal proceeding as well as F.I.R. and order taking cognizance dated 01.12.2021 in connection with RIT P.S. Case No.129 of 2021 under Section 420 of the I.P.C. and Section 7 of Essential Commodities Act. Petitioner- Dr. Om Prakash Anand (accused No.1) was Manager and Controller of the hospital and petitioner- Dr. Rakshit Kumar @ Rachit Kumar @ Rakshith Kumar (accused No.2) was serving as Junior Doctor in the hospital.

3. A complaint was received from Sweta Sah, Jyotsna Jha and Preeti Kumari by the Deputy Commissioner, Seraikella Kharsawan that the hospital of the petitioner during Covid pandemic, was making capital out of the miseries of people by charging excessively in treatment. The allegation also involved misbehavior by hospital authorities.

4. After receipt of the complaint, a committee was constituted by Deputy Commissioner, Seraikella Kharsawan and hospital was asked vide letter dated 21.05.2021 and 04.04.2021 with regard to allocation of Remdisivir injection and details of its use including treatment chart. The requisite information were not furnished with respect to 122 vial Remdisivir injection that was allocated to the hospital in question following which the FIR was lodged by Drug Inspector.

5. Petitioner- Dr. Om Prakash Anand was Manager and petitioner- Dr. Rakshit Kumar @ Rachit Kumar @ Rakshith Kumar was Junior Doctor in the hospital at the relevant time and it is claimed that they have been falsely implicated in the case because of personal vendetta as the life of the father of the complainant could not be saved. The plea for quashing of cognizance is based inter alia on the ground that the case is based on the complaint of Jyotsna Jha, who was informant in earlier RIT P.S. Case No.71 of 2021 with the same set of allegation and that case has been quashed by co-ordinate Bench of this Court in Cr.M.P. No.1914 of 2021.

6. It is submitted by the learned counsel on behalf of petitioners that main allegation against this petitioners is that utilization certificate regarding the use of 122 vial Remdisivir injection was not furnished. In this regard, a letter was issued by Director, State Drugs Control Directorate, Jharkhand addressed to the informant who was the then Drug Inspector of Seraikella, wherein it has been stated that 122 vial Remdisivir injection were allocated on 18.04.2021 to 31.05.2021 to this hospital, the details of which was enclosed with the letter. The utilization certificate given by the hospital was uploaded on Amritvahini portal. It is submitted that the document issued by the competent authority completely falsifies the allegation that the certificates regarding the said drugs were not furnished by the petitioner.

7. With regard to the other allegations of extorting huge amount in the name of treatment, no detail as such has been furnished in the F.I.R. On identical allegation of complainants namely Jyotsna Jha, Priti Kumari and Nidhi Jha and on same facts, earlier another complaint was made. Seraikella R.I.T. Case No.71 of 2021 was registered on 21.05.2021 under Sections 120B, 420, 304, 386, 354C, 34 of the Indian Penal Code against this petitioner- Dr. Om Prakash Anand, Dr. Rakshit and Sarita Anand, on the basis of written report lodged by Jyotsna Jha. It was for this reason that criminal proceedings on similar allegations have been quashed by the co-ordinate Bench of this Court in Cr.M.P. No.1914 of 2021.

8. It is submitted in this regard that two F.I.Rs. cannot be lodged on same facts and on same allegation in view of ratio decided in the case Amit Bhai Anil Chandra Shah Versus Central Bureau of Investigation & Another; (2013) 6 SCC 348.

9. Lastly, it is submitted that this case is part of vendetta, since the petitioner had raised his voice of mismanagement during pandemic.

10. Learned A.P.P. has opposed the prayer and a counter affidavit ha