KUSUM PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Cr. Revision is against the order dtd. 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 and 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 representative District Appropriate Authority, Ranchi under PC and PNDT Act, 1994 vide order No. 1308 dtd. 2/12/2019. The National Inspection and Monitoring Committee (NIMC) visited Ranchi on 20/9/2019 for inspection of Ultrasound Clinic, Nursing Home. On 20/9/2019 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 and PNDT, Dr. Sudakshana Lala (State Nodal Officer PC&PNDT), Mrs. Rafat Farzama (State PC and 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 and PNDT vide order No. 1055 dtd. 20/9/2019 for inspection of the premises and NIMC had found following violations of PC& PNDT Act, 1994 and PC and PNDT Rules, 1996 at R. Jeevan Jyoti Nursing Home as under: