IN THE HIGH COURT OF JHARKHAND AT RANCHI

Criminal Revision No. 1495 of 2022

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(Against the order dated 28.11.2022 passed by the learned

Addl. Chief Judicial Magistrate, Ranci in Complaint Case No.

6046 of 2019)

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1. Dr. Kusum Prasad

2. Poonam Pandey

3. Rabindra Kumar Singh

4. Saloni Tudu

…

…

…Petitioners

-Versus-

1. The State of Jharkhand

2. State represented through Dr. Vijay Bihari

Prasad

…

…

…Opp. Parties

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P R E S E N T

HON’BLE MR. JUSTICE SUBHASH CHAND

For the Petitioner

:

Mr. A.K.Das, Advocate

For the State

:

Mrs.Vandana Bharti, A.P.P.

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C.A.V. on 31.08.2023

: Pronounced on 11.10.2023

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The instant Cr. Revision is against the order dated

28.11.2022 passed by the learned Addl. Chief Judicial Magistrate,

Ranchi in Complaint Case No. 6046 of 2019 whereunder the

discharge application of the petitioners has been rejected.

2.

The brief facts leading to this Cr. Revision are that the

Complaint was filed on behalf of State represented through Dr.

Vijay Bihari Prasad, Civil Surgeon cum Chief Medical Officer cum

Nodal Officer, PC & PNDT, Ranchi against Dr. Kusum Prasad, Dr.

Poonam Pandey, Sri Ravindra Kumar Singh, Staff/Incharge, Smt.

Saloni Tudu, Staff/Incharge of R. Jeevan Jyoti Nursing Home,

Upper Bazar, Maicky Road, Ranchi wherein the allegations are

made that the Complainant Dr. Vijay Bihari Prasad, Civil Surgeon

cum Chief Medical Officer, Ranchi is designated as authorized

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representative District Appropriate Authority, Ranchi under PC &

PNDT Act, 1994 vide order No. 1308 dated 02.12.2019. The

National Inspection and Monitoring Committee (NIMC) visited

Ranchi on 20^th September, 2019 for inspection of Ultrasound

Clinic, Nursing Home. On 20.09.2019 at 10:10 a.m. the National

Inspection and Monitoring Committee (NIMC) comprising therein

Dr. Sabu M George, Dr. Sudesh Doshi, Dr. Binod Rath and Mr.

Lakshay Malik along with Smt. Mary Markey (Executive

Magistrate, Ranchi), Authorized representative of District

Appropriate Authority PC & PNDT, Dr. Sudakshana Lala (State

Nodal Officer PC&PNDT), Mrs. Rafat Farzama (State PC & PNDT

Coordinator), Mr. Diwakar Kumar (State Monitoring and

evaluation Coordinator), and Dr. Vijay Bihari Prasad, Civil

Surgeon cum Chief Medical Officer, Ranchi had visited the

premises of R. Jeevan Jyoti Nursing Home, Upper Bazar, Maicky

Road, Ranchi.

3.

Smt. Mary Markey, Executive Magistrate, Ranchi (the

Authorized representative of the District Appropriate Authority PC

& PNDT vide order No. 1055 dated 20.09.2019 for inspection of

the premises and NIMC had found following violations of PC&

PNDT Act, 1994 & PC & PNDT Rules, 1996 at R. Jeevan Jyoti

Nursing Home as under:

(a) ANC register-

In ANC register, total 21 entries were found in the month of

August 2019; but Form F’s maintained in the clinic was only 20

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for the August 2019 which is violation of Rule 9 & Sec 4(3) (V) of

the Act and also on offence U/s 312, 315 and 511 of I.P.C.

(b) Ultrasound Machine Data-

(b). i- On examining the data of the Ultrasound machine, it was

found that total 05 obsteric patients record and image were in the

Ultrasound machine of the patients. In ANC register only name of

patient Richa Arora was entered and rest of the names of the 4

patients were not shown, which is also violation of Rule 9 (1), (4)

& Section 4 (3) (V), 5 and 6 of the PC & PNDT Act and also an

offence U/s 312, 315 and 511 of I.P.C.

(b) ii. Similarly, on 14.09.2019 out of 8 obstetrics records the

images of the patients, namely, Sanjana, Khusboo, G. Kamya,

Khusboo, Sabita, Pratibha Kumari and Negaris were in

Ultrasound machine. But in Form F only Pratibha Kumari was

maintained and in ANC register only one entry of Pratibha Kumari

was dated 14.09.2019. No entry of the For