Point of law : Offence of cheating - Quash of FIR - petitioner is entitled to practice in Electro Homeopathy and if he has referred some patients to the hospital, no offence under section 420 IPC is made out.

JUDGMENT :

1. The present petition has been filed by the petitioner under section 482 Cr.P.C. for quashing of FIR bearing No. 05/2020 dated 07.04.2020 for commission of offence under section 420 IPC registered with Police Station, Loran, Poonch.

2. It is stated that the petitioner is a Bachelor of Electropathy Medicine and Surgery (Certification Course) from N. E. H. M, New Delhi, duly authorized by the Ministry of Health and Family Welfare, Government of India and is duly registered as B.E.M.S. Medical Practitioner with the N. E. H. M. New Delhi, entitled to practice in Electropathy/Electro Homoeopathy System of Medicine. It is further stated that the Ministry of Health and Family Welfare, Government of India has also issued a policy decision dated 05.05.2010 to the effect that there is no ban on the medical practice of Electro Homeopathy and further that the Supreme Court of India on the basis of the said policy, has recorded in its order dated 22.01.2015 in G. C.S. Medical Institute of and Hospital of Elect. and another v. Union of India and others that in view of the counter affidavit filed by the Union of India, to the effect that there is no ban on the Medical Practice of Electro Homoeopathy, the petitioners do not wish to press the present Special Leave Petitions. Likewise, the High Courts of Delhi, Madras and Gujarat in similar controversy have observed that Bachelor of Electropathy Medicine and Surgery can practice in Electro Homoeopathy.

3. It is further stated that the petitioner came to know that on 07.04.2020, the SHO Police Station, Loran on his own, has registered the FIR impugned against the petitioner alleging therein that the petitioner has been attending patients without any authority and referring them to District Hospital, Poonch.

4. The petitioner has sought the quashing of the FIR impugned on the grounds that the FIR impugned does not disclose the commission of any offence, even if the allegations are taken at its face value and accepted in its entirety, that the FIR impugned has been registered without ascertaining as to whether the petitioner is practicing in Electro Homeopathy under some authority or not and the allegations in the FIR that the petitioner is attending patients without any authority and referring them to District Hospital, Poonch shows that it lacks the necessary ingredients of the offence of section 420 IPC against the petitioner. The petitioner has placed on record the copy of the FIR impugned, his certificates, the policy decision of the Government of India as also the order passed by the Supreme Court of India and other High Courts.

5. Response stands filed by the respondents in which it is stated that the disputed questions of fact cannot be adjudicated upon by filing of this petition and further that the petition deserves to be dismissed.

6. Mr. Vishal Sharma, learned counsel for the petitioner has vehemently argued that a bare perusal of the FIR impugned reveals that the ingredients of section 420 IPC are lacking and the present FIR is nothing but an abuse of process of law.

7. Per contra, Mr. Adarsh Bhahat, learned GA appearing for the respondents has vehemently argued that the FIR impugned has been validly registered, as such, the same cannot be quashed.

8. Heard and perused the record.

9. A perusal of the FIR impugned reveals that the same has been registered on 07.04.2020 with the allegations that on 07.04.2020 at 1400 hours one person was coming from Lohran towards Mandi on foot and was stopped for checking and the said person showed a medical slip of medical shop bearing the logo of Dr. Khalid Yousuf. B. E. M. S. and it was found that the said Doctor had referred the patient to the Hospital, District Poonch without any authority. The prescribed slip was seized and for his personal gains, the said Khalid Yousuf, petitioner herein has referred the patients to the District Hospital without any authority. On these allegations, the said FIR was registered.

10. The petitioner has placed on