Jharkhand High Court
Ramratt Kumar vs Unknown on 5 March, 2021
ad Dfticer, Sadar Hospital, Chatra that the accused was tnvalved in
IN THE HIGH COURT OF JHARKHAND AT RANCH?
Crimimal Revision No, 936 of 2016
Ramratt Kumar, wife of Manoj Kumar, resident of Mohalla-Crhansi,
Jatrahibas, PO+PS-Chatra, District-(Chatra ves Petitioner.
Versus
The State of Tharkhand .. Oppusite Party
Through VAC 4}
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHERHAS
Por the Petitioner
. Mire Jiiendra Shankar Singh, Advocate
For the State Gs Mr, Ashok Kk Kannan, Al .
The accused is: "age a ieved of the order dated 150 07, 2018 by
her petition for discharge i in 1G 3, R. Case Na. 482 of 2008 s was d leclined.
The case of the prosecution is that the District Presi ident of
>
Bhactly a Jania Party mad
a
3 complaint to oS vil Surgeon-cum-Chief Me
abor teas
and Pata Devi wite of Anu Soren died in her: clinic. A repar
Vas pub lis
Ze.
shed of Be 02.2005, W here eafter er the Deputy
: "lncharge, - Sadar. Hospit ital, C hatra conducted an enquiry. f in
the report submittec by hint the following de Holemes/iregularttigs wer
found?
i + Manila Seva Sadan has nat been registered.
: . Phe certificate produced by the accused ix issued
by the indian Board of Aliernative Adedicine having
Us affice at 80, Chauranei Mare, Kalkata.
The certificate has not been registered by the
Medical Council of Bengal Government.
coe iu Durhag taterrogation no satisfactory answer has
been given regarding Alternative medicine.
vo ode fhe certificate the session hex not been
mentioned,
y
sy.) ONaeraee thee yes fesys ft faove cos
vi vor the enquiry if has been revealed that the
certificate has not been registered by any
Govermnent dastitusion and iS HOE FECOGHINER,
on
3. In the enquiry report it is stated that legal abortions are cai
out al Seva Sadan. The Deputy Development Commissioner, Chatra
receiving the enquiry report issued direction through letter dated 1$.07.2
for registration of a First Information Report. The learned Magistrate has
observed in the order dated 15.07.2016 that in paragraph nos. 13, 20 anc
the witnesses have fully supported the prosecution case against the accus
4, The ortgmal records of the case were called for pursuant to the
carder dated 30.08.2016 and are placed along with the criminal revi
petition,
Ss. Mr. Ashok, Kumar, the learmmed APP has read out the con!
of the aforesaid . pars
aphs in the case- -diary, In paragraph no. 13 of ke
'statement of She Deputy. Superintendent, Incharge, S
Hospi al, Chat ra is recorded: He has stated before the investi stigating CHS
a
. that | in course of enquiry the accused dil not offer a satisfactory explanatis
about the degree and certific ates obtained by her. The statement of A
et,
s Sore n who is husband of late Patia Devi i is recorded In paragraph no.
statement of the mother of Ps tia Devi was recorded in paragraph no. 2]
"Both these witnesses have stated before the Investigating Officer that
brought # ata, Devi | for her treatrnent at Seva Sa idan and she died dus
ssex have nO > doubt: stated. that the accused
caused misc carriage but. looking at their | eriev rNce that t Paha Devi and
Pye
Lie
unborn child died due to wrong trea ment which a rustic villager can
x
confinn, Hofs mot difficule to infer that if at all Patia Desi sufi
tiscarriage ~ though there is no evidence on this point; it was in good
for the purpose of saving her life.
a}. Having examined the materials on record, 1 find that ia any
view of the matter it carmot be said that business of carrying 1}
nuscarriage was sin at Seva Sadan by the petitioner. There is no material on
record to establish that the petitioner was in charge and control of the af
ws
of Seva Sadan at the relevant time. The enquiry report points oul ce
°
deficiencies In the degree and the certificates of the accused which
absence of opinion of the recognising body cannot be basis for mph
the petitioner for the offence of cheating ~ forgery is not alle
CES sd agan TE 53
The materials collected during the investigation do not establish the facts
Let
constituting commission of offence under sections 41 9 420 and 312 of
indian Penal Cade.
"y
f In view of the aforesaid discussions, the impugned o
dated 15.07.2016 is found seriously flawed in law and, accordingly, i is
geteasigle,
e 8 ;
8. The entire criminal proceedings arising out of Sadar BS. Case
oy
'
No. 14] of 2605 corresponding to G.R. Case No. 452 of 2005 are quasi
g, Criminal Revision No. 936 of 2016 is allowed.
1 Let a copy of the judgment be transmitted to the ©
concerned through "FAA"...
