1 Cr.M.P. No. 1914 of 2021

IN THE HIGH COURT OF JHARKHAND, RANCHI

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Cr.M.P. No. 1914 of 2021

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Dr. Om Prakash Anand, aged 44 years, son of Sri Yogendra Prasad,

resident of Vill.Gayatri Bhawan, Adityapur-2, PO Adityapur, PS R.I.T.,

District Seraikella, PIN-831013, Jharkhand

….. Petitioner

-- Versus --

1.The State of Jharkhand

2.Jyotsna Jha, daughter of late Sunil Kumar Jha, resident of H.N.20, Rain

Basera Colony, PO and PS Adityapur, Dist-Seraikella KLharswan

…... Opposite Parties

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Ms. Pinky Anand, Sr. Advocate

Mr. Rajesh Ranjan, Advocate

Mr. Nilesh Kumar, Advocate

Ms. Alka Kumari, Advocate

Miss Sonal Sodhani, Advocate

For the State :- Mr. Suraj Verma, Advocate

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5/20.07.2022

Heard Ms. Pinky Anand, the learned Senior counsel

assisted by Mr. Rajesh Ranjan, the learned counsel for the

petitioner and Mr. Suraj Verma, the learned counsel appearing on

behalf of the respondent State.

Ms. Pinky Anand, the learned counsel appearing on

behalf of the petitioner had concluded her argument yesterday

and the matter adjourned to be put up today for argument of Mr.

Suraj Verma, the learned counsel appearing on behalf of the

respondent State.

Today Mr. Suraj Verma, the learned counsel

appearing for the respondent State has completed his argument

and the same has been replied by Mr. Rajesh Ranjan, the learned

counsel appearing on behalf of the petitioner.

This petition has been filed for quashing the entire

criminal proceeding including order taking cognizance dated

2 Cr.M.P. No. 1914 of 2021

22.07.2021 by which cognizance has been taken for the offence

under sections 420, 304, 386, 354(C), 120B/34 I.P.C in connection

with R.I.T. P.S. Case No.71/2021, corresponding to G.R.Case

No.606/2021, pending in the court of learned Chief Judicial

Magistrate, at Seraikella.

On the written report dated 21.05.2021 of Jyotsna

Jha, who is informant, the F.I.R was registered alleging therein

that she admitted her father in the 111 Save Life Hospital on

26.4.2021. At the time of admission some amount was paid by

her but her father was not properly treated. Even on 29.04.2021

condition of her father deteriorated. He was put on ventilator. The

reason was also not disclosed to her. On 01.05.2021 she further

alleged that her father felt well but again the mode of the

ventilator was changed. On her request again the mode was

changed, at about 10.35 P.M. her brother had disclosed that

oxygen level of her father came down to level 30. She has further

been informed that ventilator was removed by the ward boy and

oxygen level of her father reduced to level 8 and on the same day

her father died. It has been informed to the informant or her

family members with 95% lungs was damaged. She further

alleged that no proper treatment was provided to her father

though on several dates she deposited other amounts i.e.

Rs.35,000/-, Rs.60,000/- and Rs.5,000/- respectively. It has been

stated that the accused persons named in the first information

report took money from her i.e. on pressure. Accordingly she

prayed to lodge the case.

Ms. Pinky Anand, the learned Senior counsel

appearing on behalf of the petitioner submitted that the case is

arising out of a medical treatment provided to the father of the

3 Cr.M.P.