HEALTH WORLD HOSPITAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner No.1 and 2 are the companies incorporated under the Companies Act having their offices at plot No.C-49, Commercial Area, Opposite to ESIC Regional Office, City Centre, Durgapur in the District-Paschim Burdwan, and 139D, Rashbihari Avenue, Ground Floor, Kolkata-700029 respectively.

(2.) Petitioner No.1 is represented by its Executive Director (Administration) Mr. Prabir Mukherjee (petitioner No.8). Petitioner No.2 company is represented by petitioner No.3 Dr. Arunangshu Ganguly. Petitioners No.4 and 5 are doctors attached to Health World Hospital. Petitioner No.6 and 7 are also office bearers of the said company. Petitioners have approached this Court for quashing of the proceeding in connection with G.R Case No.96 of 2020 arising out of Durgapur Police Station Case No.27 of 2020 dtd. 15/1/2020 under Ss. 420/467/468/406/409/328/120B of the Indian Penal Code read with Sec. 34 of the West Bengal Clinical Establishment (Registration, Regulations and Transparency) Act and also under the Citizenship Act and the Foreigners Act presently pending before the Learned Additional Chief Judicial Magistrate at Durgapur.

(3.) It is pertinent to mention at the outset that opposite party No.2 filed an application under Sec. 156(3) of the Code of Criminal Procedure on 13/1/2020 in the court of the learned Additional Chief Judicial Magistrate, Durgapur against the petitioners alleging commission of offence as aforesaid and the learned Magistrate sent the said application to the Jurisdictional Police Station directing the Officer-in-Charge thereof to treat the same as FIR and register a specific case against the accused persons.