Applicability of the provisions of the Act.

Crl.M.P.11722 of 1987 is filed by the accused in C.C.No.7307 of 1987 on the file of the XVIII Metropolitan Magistrate, Saidapet, Madras. Crl.M.P.No.11725 of 1987 is filed by the accused in C.C.No. 7308 of 1987 on the file of the XVIII Metropolitan Magistrate, Saidapet, Madras. C.C. Nos.7307 and 7308 of 1987 have been filed by the respondent Complainant (Tamil Nadu Medical Council). The petitioners have filed the petitions under S.482, Crl.P.C, praying to call for the records in both the cases and quash the proceedings.

2. The petitioner in Crl.MP.No.11722 of 1987 is a citizen of United States of America and she is a qualified doctor and Specialist in Gynaecology and Obstetrics. She is a registered Medical Practitioner in U.S.A. She came to India with a United States of America passport after obtaining the requisite visa and permission from the Government of India under S.14 of the Indian Medical Council Act, 1956 to practise medicine in India. She is employed in the Salvation Army Catherine Booth Hospital, Nager-coil, in the Department of Obstetrics and Gynaecology, and she is a lecturer and Trainer in Midwifery and Nurses and M.B. B.S., doctors associated with family planning project and community health project.

3. The Government of India passed an order dated 16th March, 1984 under S.14 of the Indian Medical Council Act, 1956, permitting her to practise medicine for the purpose of charitable works for a period of two years at the Salvation Army Catherine Booth Hospital, Nagercoil. On 18th February, 1986 an application was sent for extension of the registration to continue to work in the same hospital and the Under Secretary to the Government of India wrote to the Administrator, Salvation Army, Catherine Booth Hospital, stating that the question of extension of permission to practise medicine had been taken up with the Medical Councill of India and further communication would follow in due course. According to the petitioner the Government of India is likely to extend the permission for further period. While so, the respondent has filed the Complaint before the XVIII Metropolitan Magistrate, Saidapet, Madras, in C.C.No.7307 of 1987 under Ss.15(2) (b) and 15(3) of the Indian Medical Council Act. According to the petitioner the said Complaint filed against her is unsustainable and is liable to be quashed.

4. The petitioner in Crl.M.P.No.11725 of 1987 is a citizen of West Germany and according to the petition she is a qualified doctor and specialist in Gynaecology and Obstetrics and is a registered Medical Practitioner in West Germany and her registration in West Germany is permanent and for an unlimited period. She came to India with a German passport after obtaining the requisite visa and permission from the Government of India under S.14 of the Indian Medical Council Act to practise medicine in India. She was employed in the Salvation Army Evangelin Booth Hospital, Nidubirale, Andhra Pradesh, from 3rd September, 1970 to 31st May, 1971 and subsequently she was working in the Salvation Army Catherine Booth Hospital, Nagercoil, from 1st June, 1971 to 31st September, 1972.

5. Since 10th September, 1977 she is employed in the Salvation Army Catherine Booth Hospital, Nagercoil, as the Head of the Department of Obstetrics and Gynaecology, lecturer and trainer in Midwifery for nurses and M.B. B.S., doctors associated with family planning project and community health project.

6. The Government of India passed an order dated 13th March, 1984 under S.14 of the Indian Medical Council Act permitting her to practise medicine for the purpose of charitable works for a period of two years at the Salvation Army Catherine Booth Hospital, Nagercoil. On 19th February, 1986 an application was sent for extension of the registration of her to continue to work in the same hospital and the Under Secretary to the Government of India wrote to the Administrator, Salvation Army, Catherine Booth Hospital, stating that the question of extension of permiss