( 2025:JHHC:34179 ) 1 Cr. M.P. No.2369 of 2019 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2369 of 2019 ------ Dr. Mukti Kishore, aged about 43 years, S/o Krishna Dev Sharma, R/o Rajganj, P.O. & P.S.-Rajganj, Dist.-Dhanbad. … Petitioner Versus The State of Jharkhand … Opposite Party ------ For the Petitioner : Mr. Shailesh Kr. Singh, Advocate For the State : Mr. Someshwar Roy, Addl.P.P. ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash and set aside the entire criminal proceeding arising out of Rajganj P.S. Case No.31 of 2018 corresponding to G.R. No.2053 of 2018 including the order dated 03.12.2018 passed by learned Judicial Magistrate-1st Class, Dhanbad whereby and where under the learned Judicial Magistrate-1st Class, Dhanbad has taken cognizance for the offences punishable under Sections 416/417/418/419/420/471/ 474/269/270/336/337/338 of the Indian Penal Code, Section 15/25 of ( 2025:JHHC:34179 ) 2 Cr. M.P. No.2369 of 2019 Indian Medical Council Act, 1956, Section 27(d) of the Drugs and Cosmetics Act, 1940 and Section 6-A(i) of Indian Medical Degree Act, 1916 against the petitioner. 3. The brief facts of the case is that the informant who is the in-charge Medical Officer of Community Health Centre, Baghmara in the district of Dhanbad conducted an inspection as per the direction of the Civil Surgeon, Dhanbad, in the illegally run nursing home, in the name and style of Guru Kripa Swasth Seva Kendra, Rajganj, Dhanbad operated by the petitioner and it was found that the certificate of the nursing home was found to be illegal. Upon inspection of the said nursing home for consecutive three times, Dr. S.K. Rai was never found in the said nursing home and the petitioner was found illegally running the said nursing home without any proper certificate. On the basis of written report, police registered Rajganj P.S. Case No.31 of 2018 and took up investigation of the case, after completion of the investigation, police found the allegations made against the petitioner to be true and submitted charge sheet and basing upon the same, cognizance of the offence has been taken. 4. Learned counsel for the petitioner submits that in the meanwhile, charge has been framed against the petitioner and three out of four prosecution witnesses have also been examined, but the petitioner for the reason best known to him has not challenged the charge framed against him or the order by which the charge was framed against him. It is next submitted that the petitioner has a degree of Bachelor of Ayurvedic Medicine and Surgery, but police submitted charge sheet only because the ( 2025:JHHC:34179 ) 3 Cr. M.P. No.2369 of 2019 nursing home was having a lot of allopathic medicines; on the ground that the petitioner was not qualified and permitted to prescribe allopathic medicines. It is next submitted that the allegation against the petitioner is false and no offence is made out against the petitioner, hence, the prayer as prayed for in this Cr.M.P., be allowed. 5. Learned Addl.P.P. appearing for the State on the other hand vehemently opposes the prayer of the petitioner made in the instant Cr.M.P and submits that the only contention of the petitioner is that the allegations made against him is false; which can only be determined in full dress trial of the case. It is next submitted that the undisputed facts remains that three out of four witnesses have been examined and overwhelming material that has come during the trial of the case through the witnesses examined by the prosecution, which has been suppressed by the petitioner in this Court. It is lastly submitted that this Cr.M.P., being without any merit, be dismissed. 6. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court finds that the trial of the case has advanced substantially and the petitioner has not challenged the charge framed against him. 7. Under such circumstances, keeping in view the fact that the trial has progressed substantially and the only contention of the petitioner is that the allegation against him is false; this Court is of the considered view that this is not a fit case where the prayer as prayed for by the petitioner ( 2025:JHHC:34179 ) 4 Cr. M.P. No.2369 of 2019 in this Cr.M.P. be acceded to in exercise of the power under Section 482 of the Code of Criminal Procedure. 8. Accordingly, this Cr.M.P., being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 14th of November, 2025 AFR/ Abhiraj Uploaded on 20/11/2025