Practicing dentistry without valid registration constitutes a violation under the Dentist Act; a second FIR is maintainable where new infractions correspond to distinct incidents following previous FIR.

JUDGMENT :

SANJEEV KUMAR SHARMA, J.

1. Heard Mr. P Mahanta, learned Sr. counsel for the petitioner. Also heard Mr. A.M Bora, learned Sr. counsel appearing for the respondent No. 2.

2. This is an application under Section 528 of BNSS, 2023 for quashing of FIR No. 1811/2021 dated 07.08.2021 as well as charge-sheet being No. 760/2021 dated 31.08.2021 submitted by the I/O, Nagaon Police Station in the Court of Ld. Chief Judicial Magistrate, Nagaon in connection with Nagaon P.S Case No. 1811/2021 corresponding to G.R Case No. 4042/2021, subsequently, registered as PRC No. 2872/2021 under Section 417/419/420 IPC.

3. By order dated 04.09.2021, the Ld. Chief Judicial Magistrate, Nagaon has taken cognizance of offence u/s 417/419/420 IPC against the accused/petitioner.

4. The facts leading to the aforesaid case as projected by the petitioner are that he had completed his Bachelor in Dental Alternative Science (in short BDAS) from the Siyaldah Medical College of Alternative Medicine, whereafter, he duly applied before the North Eastern Council of Alternative Medicine, hereinafter referred as NECAM, for practicing his BDAS and accordingly, Registration Certificate was issued on 14.09.2021 in favour of the petitioner with the next date of renewal on 22.09.2021.Pursuant to the said certificate, the petitioner has been practicing dentistry in his chamber at A.I.C.H Medicos at M.D Road, Nagaon. The petitioner also claims to have completed his Bachelor of Dental Surgery Course from Maharana Pratap Dental College and Hospital, Kanpur affiliated to Chhatrapati Shahu Ji Maharaj University, Kanpur in the year 2018, the President and Registrar of Assam State Dental Council has issued a Dentist Registration Certificate being Certificate No. 2967-A dated 21/9/2019 valid upto March 2024 certifying the petitioner registered as DENTAL SURGEON in part -A of the Dentist Act, 1948, as amended and after duly council with the valid registration number, the petitioner has initially practiced his dentistry as BDS along with his line of practice BDAS with valid practicing registration no. NECAM/548/PR/2006 under NECAM at Gasbari, p.o- Mangaldoi in Darrang district, Assam. But after cancellation of his BDS registration certificate by the Assam State Dental council, the petitioner has not practiced his BDS, however, he is continuing his dentistry practice as BDAS under his practicing registration NECAM/548/PR/2006 issued under certificate of registration by the Registrar of NECAM. In addition to that, the petitioner also the member of a Indian Dental Association and in this regards, the Indian Dental Association has issued a Certificate in the name of the accused petitioner. That, the complainant i.e. Respondent No. 2 is the Registrar of Assam State Dental Council. That, on 26/7/2021, the complainant No. 2 wrote a letter to the Director General Of Police, Government of Assam inter alia stating that a complaint has been received from one Dr. (Eligible) Das of jagiraod regarding practicing dentistry as BDS by the accused petitioner for several years by obtaining registration certificate from the council on 21/9/2019 in a fraudulent manner by submitting manipulated and forged documents. After receiving the sad complaint, the complainant called the petitioner to the council along with his documents, on which the petitioner appeared before the council and claimed that he has passed his BDS from Maharana pratap Dental College and Hospital, Kampoo, Kanpur, uttar Pradesh. After knowing the said, the complainant wrote a letter to the principal of the said college and although, in response to the said letter the principal of Maharana pratap Den