DR. KUMARI SEEMA ALIAS DR. SEEMA MODI v. THE STATE OF JHARKHAND
WPC/3413/2025 · 2026-07-14
Sri Ananda Sen
Writ Petition (Civil)body2026
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[ 2026 DAILYLAW 20409 (JHR) · dailylaw.ai ]
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[ 2026 DAILYLAW 20409 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:JHHC:20887 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.3413 of 2025 ------ Dr. Kumari Seema @ Dr. Seema Modi, W/o Dr. Manoj Kumar, R/o Maharana Pratap Chowk, City Nursing Home, Jhumri Tilaiya, Ward No.7, P.O. Telaiya, P.S. Telaiya, District Koderma, Jharkhand. … … Petitioner Versus
1. State of Jharkhand.
2. The Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand, office situated at Project Building, Dhurwa, Ranchi, P.O. + P.S. Dhurwa, District Ranchi, Jharkhand.
3. Deputy Commissioner, Koderma-cum-District Appropriate Authority PC & PNDT, Koderma, office situated at Koderma, P.O. + P.S. Koderma, District Koderma, Jharkhand. … … Respondents ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Binod Singh, Advocate For the Respondent(s) : Mr. Tarun Kr. Mahato, AC to AG ------
07/ 14.07.2026
By filing this writ petition, the petitioner has prayed for the following reliefs:-
"I. For quashing of Order dated 16.05.2025 (Annexure-6) as contained in Form C, passed by Respondent No.-3, whereby, the Application in Form A made by the Petitioner for grant of Registration of UltraSound Clinic known as "Dr. Seema Diagnostic Centre, at Maharana Pratap Chowk, Near City Nursing Home, Koderma, Jharkhand", has been rejected by a non speaking and vague Order under the pretext that "Appeal against acquittal Order of the Additional Session Judge-III, Koderma in connection with Telaiya P.S. Case No.-80/2019 is under process." Although, the Order of acquittal has been passed on 30.08.2024, and admittedly, till date no Step has been taken for questioning the Order dated 30.08.2024,
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passed by the Court of Additional Session Judge,III, Koderma. The Petitioner who has preferred the Application in prescribed format along with Affidavit and Verification as well as the Demand Draft of Rs.25,000/- as prescribed Fee for registration of UltraSound Clinic under PC & PNDT Act and Rules framed thereunder, on 08.10.2024. II. For issuance of appropriate direction upon the Respondent No.-3, the Deputy Commissioner, Koderma-cum-District Appropriate Authority PC & PNDT, Koderma to grant Registration of UltraSound Clinic in the name and style of "Dr. Seema Diagnostic Centre, at Maharana Pratap Chowk, Near City Nursing Home, Koderma, Jharkhand."
2.
Heard learned counsel representing the petitioner and
learned counsel representing the respondents.
3.
It is the grievance of the petitioner that the renewal application of the petitioner to renew the license of the Diagnostic Centre under the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, was rejected on the ground that the petitioner was convicted in a criminal case.
4.
It is an admitted fact that against the said judgment of conviction the petitioner preferred an Appeal being Criminal Appeal No.44 of 2023, which arose out of Telaiya P.S. Case No.80/2019 (G.R. No.282 of 2019). The Appellate Court acquitted the petitioner, vide judgment dated 30.08.2024 by setting aside the judgment of conviction.
5.
The renewal application of the petitioner was rejected
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on 16.05.2025, on the ground that the State was contemplating to file an Appeal against the acquittal order passed by the Court of Additional Sessions Judge-III, Koderma (Appellate Court), in Criminal Appeal No.44 of 2023.
6.
Today, learned counsel representing the respondent - State, fairly admits that no Acquittal Appeal has been filed.
7.
Since no Acquittal Appeal has been filed till date, it will be presumed that the judgment of acquittal has attained finality. Thus, the respondents are directed to re-consider the application of the petitioner filed for renewal of the license under the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, since the annual fee has already been paid, and pass an appropriate order within a period of three weeks from the date of receipt of copy of this order.
8.
The impugned order dated 16.05.2025 as contained in Form C (Annexure-6 to the writ petition), to the aforesaid extent is hereby set aside.
9.
With the aforesaid observation and direction, this writ petition stands allowed.
(ANANDA SEN, J.) 14th July, 2026 Prashant. Cp-2
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