NARAYANA HEALTH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application has been preferred challenging the proceedings relating to Complaint Case No.C-533 of 2021 alleging offences under Ss. 406/420/120B of the Indian Penal Code read with Sec. 34 of the West Bengal Clinical Establishment (Registration, Regulation and Transparency) Act, 2017 including the orders passed therein which is presently pending before the learned Judicial Magistrate, 2nd Court, Barasat, District-North 24 Parganas.

(2.) The relevant paragraphs in respect of the allegations made in the petition of complaint are as follows:

(3.) The petitioners before this Court are the accused persons who have been implicated and against whom the learned Magistrate was pleased to issue process being Narayana Health (Accused No.1), Narayana Multispecialy Hospital (Accused No.2), Chairman, Narayana Health (Accused No.3), Anup Bhaduri @ Anup Kumar Bhaduri (Accused No.4) and Suvendu Prakash (Accused No.5). Mr. Sandipan Ganguly, learned senior advocate appearing for the petitioners submitted that the petitioner nos.1 and 3 are having its office outside the territorial jurisdiction and in spite of the same, there were substantive non-compliance of Sec. 202 of the Code of Criminal Procedure and the learned Magistrate by mechanically examining two witnesses (complainant and another) by a non-speaking order issued process under Ss. 406/420/120B of the Indian Penal Code and Sec. 34 of the West Bengal Clinical Establishment (Registration, Regulation and Transparency) Act, 2017.