Om Prakash Anand vs State of Jharkhand

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2023 Supreme(Jhk) 762

GAUTAM KUMAR CHOUDHARY
Om Prakash Anand – Appellant
Versus
State of Jharkhand – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Ms. Pinky Anand, Mr. Rajiv Ranjan, Mr. Rajesh Ranjan, Mr. Nilesh Kumar, Ms. Sonal Sodhani, Advocate
For the Respondent: Mr. Pankaj Kumar, Mr. P.D. Agrawal, Special P.P.

Headnote: Read headnote

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 w

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