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2024 Supreme(Cal) 472
IN THE HIGH COURT AT CALCUTTA
ANANYA BANDYOPADHYAY, J.
Dr. Rabindranath Halder – Petitioner
Versus
The State of West Bengal – Respondent
C.R.R. 2070 of 2012 with CRAN 2 of 2013 (Old No. CRAN 2003 of 2013)
Decided On : 08-03-2024
For the Petitioner: Mr. Arnab Chatterjee, Mr. Dhanasree Biswas, Ms. Poulami Bose.
For the State : Md. Anwar Hossain, Ms. Sreyashee Biswas.
The central legal point established in the judgment is the requirement to establish intentional, dishonest, or fraudulent inducement and deception to constitute offences under Section 419 and Section 420 of the Indian Penal Code.
Headnote:
Indian Penal Code - Medical Practitioner - Section 419, Section 420 - Summary of Acts and Sections: The court discussed the provisions of Section 419 and Section 420 of the Indian Penal Code, emphasizing the elements of cheating by personation and fraudulent inducement. The court highlighted the importance of collecting materials to establish intentional, dishonest, or fraudulent inducement and deception, and the consequences of failure to do so.
Fact of the Case:
The petitioner, a medical practitioner, was accused of practicing without a valid degree and cheating patients. The police filed a charge-sheet, but the petitioner argued that there was no evidence of intentional deception or fraudulent inducement.
Finding of the Court:
The court found that the allegations against the petitioner were baseless and fictitious, and the continuation of the case would be an abuse of the process of law and detrimental to the justice delivery system.
Issues: The issues revolved around the petitioner's qualifications, the authenticity of the allegations, and the lack of evidence of intentional deception or fraudulent inducement.
Ratio Decidendi: The court emphasized the importance of establishing intentional, dishonest, or fraudulent inducement and deception to constitute offences under Section 419 and Section 420 of the Indian Penal Code.
Final Decision: The court set aside the order rejecting the petitioner's prayer for discharge and allowed the criminal revisional application, disposing of the case with no order as to cost.
JUDGMENT :
Ananya Bandyopadhyay, J.
1. The instant revisional application is filed by the petitioner against the order dated 03.04.2012 passed by the Learned Judicial Magistrate, 3rd Court, Ranaghat, Nadia in G.R. Case No. 369 of 2011 (Ranaghat Police Station Case No. 62 of 2011 dated 21.02.2011) under Sections 419/420 of the Indian Penal Code, thereby rejected the prayer of the petitioner for discharging him from the case.
2. Petitioner was functioning as a Deputy Administrative Medical Officer attached to T.B. Hospital, Ranaghat, Nadia after being appointed by the competent authority. In the year 2000 by the order of the Assistant Chief Medical Officer, Nadia, Government of West Bengal he was deputed at Chakdah P.H.C. Nadia (O.P.D.) and subsequently he was transferred to the T.B. Hospital, Ranaghat. Petitioner stated that subsequently Ranaghat T.B. Association who operated the said T.B. Hospital, Ranaghat, (K.C. Guha Memorial T.B. Hospital, Ranaghat) handed over the said Hospital and its entire property to the Zilla Parishad, Nadia as it became impossible to protect the same from the act and activities of certain persons who tried to grab the property of the said Hospital by unwarranted means. Nadia Zilla Parishad delegated the day to day functioning the said Hospital gave “National Health Care Charitable Trust”, a charitable organization and also gave permission to the said trust to run a residential nursing training school and Thalasamia Detection Centre in the compound of the said Hospital by order dated 17.08.2010. Petitioner was attached to the said National Health Care Charitable Trust as Honorary Deputy Director.
3. Petitioner passed Unani Medicine from State Council of Unani Medicine, Government of West Bengal, 79B, Chittaranjan Avenue, Kolkata – 700073, in the year 1985 vide Registration No. 1340 and had been duly registered as Unani Practitioner. Thereafter petitioner completed the course of Bachelor of Indigenous Medicine in Allopathy from Biraja Medical College, Jajpur, Cuttack, Orissa in the year 1988. Subsequently petitioner completed the course of Family Welfare Training (F.W.T.) and Population Education Training (P.E.T.) in the year 1993. Petitioner also completed the course of Bachelor of Ayurvedic Medicine System from Nation Medical College, Umarkote, Orrissa in the year 1994. Thereafter petitioner further completed the Allopathic Medical Refresher’s Course in the year 1998 organized by Bengal Medical Union. Petitioner also completed the course of Community Medical Service (CMS) from the Indian Institute for Health Training, 226 B.B. Ganguly Street, Kolkata – 700012 conducted by Indian Rural Medical Association, registered under West Bengal Societies Registration Act, 1961 and affiliated to World Rural Medical Association, Geneva in the year 2009 and also completed Essential Drugs for Primary Health Care of WHO (EDT) from Indian Institute for Health Training, 226 B.B. Ganguly Street, Kolkata – 700012 conducted by Indian Rural Medical Association, registered under West Bengal Societies Registration Act, 1961 and affiliated to World Rural Medical Association, Geneva in the year 2010.
4. Petitioner had been arrayed as accused in Ranaghat Police Station Case No. 62 of 2011 dated 21.02.2011 for the commission of offences punishable under Section 419/420 of the Indian Penal Code and Section 6 of the Medical Degree Act, 1916/The aforesaid case was registered for investigation on the basis of a complaint lodged by one Babu Ghosh and the same was written by one Liton Saha of Vivekanandapalli, Ranaghat. The allegations leveled in the said complaint in brief were to the effect that the petitioner had been practicing introducing him as Doctor in Ranaghat Sub-Divisional T.B. Clinic without any valid Degree to the effect and it was further alleged that he was not at all a Doctor. In the said complaint it was further alleged that without having any Degree regarding treatment of the people the accused was practicing in lieu
