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2015 Supreme(Mad) 2727
IN THE MADURAI BENCH OF MADRAS HIGH COURT
R. Mala, J.
Pandian - Appellant
Vs.
The State - Respondent
Crl. O.P.(MD) No. 5596 of 2015 and M.P.(MD) No. 1 of 2015
Decided On: 25.08.2015
Advocate Appeared:
For the Appellant: T. Lenin Kumar
For the Respondent:K. Anbarasan, Govt. Advocate
The central legal point established in the judgment is that the lack of prima facie evidence and the circular issued by the Government protecting practitioners of Ayurvedic and Homeopathy influenced the decision to quash the FIR.
Headnote:
FIR Quashed - Medical Practitioner - Indian Medical Council Act, 1956, Section 14(c) - Circular issued by the Government protects practitioners of Ayurvedic and Homeopathy
Fact of the Case:
The petitioner sought to quash the FIR filed against him for practicing medicine without a certificate or license. He presented a Homeopathy Medical Registration Certificate to prove his registration as a homeopathic practitioner. The respondent police alleged that the petitioner was prescribing allopathic medicines without qualification, but failed to provide evidence of specific instances or patient statements.
Finding of the Court:
The court found that there was no prima facie evidence to support the allegation that the petitioner was practicing allopathy medicine. It considered a circular issued by the Government protecting practitioners of Ayurvedic and Homeopathy, and concluded that the FIR should be quashed.
Issues: The main issue was whether the petitioner was unlawfully practicing allopathy medicine without qualification, as alleged in the FIR.
Ratio Decidendi: The court relied on the lack of evidence presented by the respondent police to support the allegation. It also considered a circular issued by the Government protecting practitioners of Ayurvedic and Homeopathy, which influenced the decision to quash the FIR.
Final Decision: The court quashed the FIR in Crime No. 21 of 2015 on the file of the respondent police against the petitioner and allowed the Criminal Original Petition.
R. Mala, J.
1. The petitioner has come forward with this petition seeking to quash the F.I.R. in Crime No. 21 of 2015 on the file of the respondent police for the offences under Section 14(c) IPC of Indian Medical Council Act, 1956, stating that without obtaining any certificate or licence, he is practising medical profession. To controvert the same, the petitioner herein has annexed along with the petition a copy of the Homoeopathy Medical Registration Certificate dated 14.03.2001 to show that he is a registered Homeopathy Medical practitioner. It is stated by the petitioner that there is no averment in the F.I.R with regard to his practising in allopathy medicine and except the complainant, who is the Inspector of Police, no person has alleged that he took treatment in the allopathy. On these grounds, the petitioner seeks quashment of the FIR.
2. In support of his contention, the learned Counsel appearing for the petitioner relied upon the decision in the case of Tamil Nadu Siddha Medical Graduates' Association rep. by its President, 354, 19th Cross Street, NSK Nagar, Chennai-600 106 v. Letika Saran, I.P.S., The Director General of Police (Law and Order) Kamarajar Road, Mylapore, Chennai-600 004 reported in 2010(4) CTC 798, and another decision and prayed for quashing the FIR.
3. Resisting the same, the learned Government Advocate appearing for the respondent submitted in the counter that the case has been registered against him under Section 14(c) of the Indian Medical Council Act, since the petitioner is not a qualified practitioner in Allopathic Medicine. On receiving the information, the respondent Police had visited the premises of the petitioner and found that the petitioner was prescribing Allopathic medicines to some of his patients, which was seized under the seizure magazar.
4. On a perusal of the counter, it is seen that the respondent police have not filed any relevant papers to prove as to which disease, the petitioner was prescribing Allopathy medicines and more over, the person, who was alleged to be treated by the petitioner, has not been examined by the respondent police.
5. It is appropriate to extract the averments as found mentioned in the FIR, as under:
“XXX XXX XXX”
In such circumstances, it is not known as to why the respondent Police visited the premises of the petitioner all of a sudden, without even receiving any complaint from the patient, who was treated in Allopathic medicine by the petitioner. It is pertinent to state that neither any document of prescription has been filed nor statement from the patient treated in Allopathic medicine, recorded under Section161 produced before this Court.
6. Taking into account the same, I am of the view that there is no prima facie material placed before this Court to see that the petitioner is practicing in Allopathy medicine. A reading of the judgment in Tamil Nadu Siddha Medical Graduates' Association rep. by its President, 354, 19th Cross Street, NSK Nagar, Chennai-600 106 v. Letika Saran, I.P.S., The Director General of Police (Law and Order) Kamarajar Road, Mylapore, Chennai-600 004 (supra), would reveal that a Circular has been incorporated in the said judgment, in which it has been stated as under:
"Rc. No. 147472/Cr.IV (2)/2010 Office of the Director General of Police Chennai-600 004. Dated: 19.06.2010
CIRCULAR MEMORANDUM
Sub: Indian System of Medicine-Police action against qualified Indian Medicine Doctors-Instructions issued Regarding.
Ref: Govt.Lr. No. 22715/IM II(2)/Health Family Welfare Department, dt. 15.06.2010 & 16.06.2010
...
In the reference cited, the Government have stated that the Police Department in the course of their action against the Quacks has inspected the clinics run by the registered medical practitioners in Siddha, Ayurveda, Homeopathy and Unani and arrested some of them as if they had practiced Allopathy System of Medicine. The Government have informed that as per section 17(3)B of the Indian Medicine Central Council Act, 1970 the insti
