Debi Prasad Sengupta, J. - (1.) This an application for quashing of a proceeding being G. R. Case No. 1366/99 (arising out of Bally police station Case No. 163/99 dated 3.8.99) under section 7(1)(a)(b)(c) of the West Bengal Clinical Establishment Act, 1950, pending in the Court of learned Sub-Divisional Judicial Magistrate, Howrah.
(2.) On the basis of a complaint lodged by the Chief Medical Officer of Health, Howrah the aforesaid case was registered with Bally police station alleging commission of offences under the aforesaid section. The allegations made in the First Information Report is that a "Clinical Establishment" was being run under the name and style "Seva Pratisthan Indoor Research Centre" at 5/1, Karuna Pukur Road, Belur Math, P. S. Bally, District Howrah without obtaining any licence or registration from the prescribed licensing authority as required under section 3 of the Act of 1950. It was alleged that on receipt of such information the officers attached to the office of the complainant made enquiries by entering into the said premises and found that there existed sufficient reason to believe that the said place was being used as "Clinical Establishment". On enquiry the said officers came to know that the present petitioner was running the clinical establishment without any valid licence. Relevant records maintained at the office of the complainant was also consulted, verified to ascertain whether any application had been made for obtaining licence in respect of the aforesaid establishment and it transpired that neither any person had applied for licence nor such licence had ever been issued by the office of the complainant. As such it was alleged that the petitioner had committed an offence punishable under section 7(1)(a)(b)(c) of the Act of 1950.
(3.) On completion of investigation a charge-sheet was submitted by the police alleging commission of offences punishable under section 7(1)(a)(b)(c) of the Act of 1950.;