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Judgment
Sanjay Kumar Dwivedi, J
Mr. R.S.Mazumdar, the learned Senior counsel appearing for the petitioners submits that on the complaint of the S.D.O., Dumri dated 19.02.2021, the F.I.R has been instituted. He submits that in view of Rule 12.5 of Jharkhand State Clinical Establishment (Registration and Regulation) Rules, 2013 the only penalty is provided and the penalty has been imposed to the tune of Rs.50,000/- upon the petitioners which has been deposited by the petitioners. He submits that now the charge has been framed under section 188/420/34 of the IPC and under section 12(1) of the said Rule against the petitioner. He submits that no reason has been assigned in the charge framing order as to how IPC is applicable when the penalty is for fine only.
The respondent State is directed to file counter affidavit within three weeks after Holi Vacation.
There shall be stay of further proceeding in connection with Nimiaghat P.S.Case No.17 of 2021 corresponding to G.R. Case No.1728 of 2021, pending in the court of learned Judicial Magistrate, 1st Class, Giridih till next date.
Let it appear on 28.04.2022.