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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE FARJAND ALI, J
Abdul Sattar S/o Adu Khan – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
Order :
1. By way of filing this instant Criminal Misc. Petition under Section 482 of the Code of Criminal Procedure, the petitioner seeks quashing of FIR No. 0073/2022 dated 24.03.2022, lodged at Police Station Chohtan, District Barmer, for the alleged offence under Section 17(4) of the Indian Medicine Central Council Act, 1970, and Section 15(2) of the Indian Medical Council Act, 1956.
2. The present case stemmed from a complaint lodged by respondent No. 2 against the petitioner at Police Station Chohtan, District Barmer, alleging that the petitioner had been engaged in medical practice without possessing the requisite legal documents. It had been asserted that, in the presence of the Additional Chief Medical & Health Officer, Barmer, and the Tehsildar, Tehsil Dhanau, a team had conducted a raid at Jodhpur Medical & General Store, Itada, District Jodhpur, where the petitioner had been allegedly found practicing medicine. During the raid, certain medical equipment, medicines, and bills had been recovered and subsequently seized. On the basis of the said complaint, FIR No. 0073/2022 dated 24.03.2022 had been registered against the petitioner for offences under Section 17(4) of the In
The court quashed the FIR due to procedural violations and lack of a cognizable offence, emphasizing the importance of natural justice.
The genuineness of the registration certificate and its unimpeachable character played a crucial role in quashing the charges against the applicant.
The main legal point established in the judgment is the requirement of a Magistrate's order for the registration of FIRs under non-cognizable forest offences, as mandated by Sub-Section (2) of Sectio....
Competence of the authority to file FIRs under the P.C.P.N.D.T. Act and applicability of previous judgments.
The cancellation of a registration certificate prohibits a person from practicing, and falsely pretending to be a registered practitioner constitutes an offense under the Act of 1952.
Non-cognizable offences require a magistrate's order for police investigation, and failure to obtain such an order renders the FIR invalid.
The registration of FIR under Section 188 IPC without a written complaint from the concerned public servant is impermissible and renders the proceedings void ab initio.
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