IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19492 of 2021

Arising Out of PS. Case No.-135 Year-2002 Thana- LAHERIYASARAI District- Darbhanga

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SHARWAN KUMAR KEDIA @ SHRAWAN KUMAR KEDIA @

SHARWAN KEDIA S/o Late Atma Ram Kedia, Proprietor, Kedia Scientific

and Surgical, Hospital Road, Laheriasarai, District- Darbhanga, R/o Mohalla-

Gullobara, Ward No. 10, P.O.- Lalbagh, P.S.- Town District- Darbhanga.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR.

2.

Dr. (Mrs.) Usha Kachhap, Superintendent, Darbhanga Medical College and

Hospital, Laheriasarai P.S.- Laheriasarai, District- Darbhanga, Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Manish Jha

For the Opposite Party/s :

Mr.Ram Anurag Singh

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR

PANDEY

ORAL ORDER

2

22-01-2022

Heard the learned counsel for the petitioner and the

learned Additional Public Prosecutor for the State through video

conferencing.

The learned counsel for the petitioner is directed to

remove all the defects pointed out by the office within one

month.

The petitioner apprehends his arrest in connection

with Laheriasarai P.S. Case No. 135/2002 registered for offence

punishable under sections 420, 406, 465, 467, 468, 471 and

120(B) of the Indian Penal Code.

The FIR was lodged 18 years back, i.e. in the year

Patna High Court CR. MISC. No.19492 of 2021(2) dt.22-01-2022

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2002 by way of Lakhisarai P.S. Case No. 135/2002.

As per allegation, Sono Diagnostic B/1200

multipurpose sound imaging system, Eco cardiogram and

electrogram sono diagnostic (m) surgery department, image

Intensifier machine surgery-1 and ortho-1 machines were

purchased from M/S Philips India Ltd. 2 Heyshan Road,

Calcutta-20 in the year 1982 and the total cost of the aforesaid

machine were Rs. 28,61,091/-. It has been further alleged that at

the time of supply of the aforesaid machines the suppliers vide

letter no. 20-16-253/198 dated 06-11-1982 provided for a clause

under which the company would provide after sales and services

and yearly maintenance and according to conditions the said

machines had been purchased. It is alleged that the said machine

became defective after some days for which the company was

informed and one D.K.Dutta and engineer of the company

arrived and after inspecting the machines took the parts on

30-09-88 for repair, but such parts were not returned even after

14 years. Similarly Eco cardiogram and electro Eco-cardiogram,

sono-diagnostic machine also had turned defective and the

company was repeatedly informed due to which as per contents

of the letter no.20-16-253/1154 dated 12-07-1988. Their

authorized distributor M/S Kedia scientific and surgical hospital

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road Laheriasarai carried away Eco-cardiogram transducer and

other goods for repairs but were not returned even after 14

years. Similarly two intensifier machines of surgery department

and ortho department also became defective on account of

which company was informed vide letter no. 20-61-253/274

dated 12-03-86 and their engineer S.K. Sarkar came on

09-05-86 and after replacement certain component and assured

further information in future, but even after 16 years neither the

aforesaid machines were repaired nor any information was

given. Due to non repair of the machines and not return of its

part for the aforesaid period the public interest was adversely

effected and the machines worth Rs.28,61,091/- remained

useless. It is alleged that the petitioner and other accused

persons committed fraud and misappropriated the government

amount by supplying defective equipment.

It appears that anticipatory bail petition of the present

petitioner was