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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Anuradha Shukla
Harichandra Ahirwar – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. judicial proceedings commenced via revision based on conviction. (Para 1 , 2) |
| 2. petitioner's innocence claimed; grounds for appeal stated. (Para 3 , 4) |
| 3. prosecution relies on testimony about unregistered clinic. (Para 6 , 8 , 9) |
| 4. lack of evidence about allopathic practice and necessary registration. (Para 10 , 11 , 12) |
| 5. insufficient evidence to support prosecution for impersonation. (Para 13 , 14 , 15) |
| 6. revision granted; petitioner acquitted. (Para 16 , 17 , 18) |
ORDER :
Anuradha Shukla, J.
With the consent of counsel for the parties, the case has been heard finally.
This criminal revision has been filed to challenge the impugned judgment dated 25.04.2025 delivered in Criminal Appeal No.98/2024 by the Fourth Additional Sessions Judge, Chhatarpur, whereby the conviction and sentence of petitioner under Section 8(a)(1) of the Madhya Pradesh Upcharyagriha Tatha Rajopchar Sambandi Sthapanaye (Ragistrikaran Tatha Anugyapan) Adhiniyam, 1973 (for short, “the Act”) and Section 24 of the MADHYA PRADESH MEDICAL COUNCIL ACT , 1987 were upheld and the judgment passed by Judicial Magistrate First Class, Chhatarpur, in RCT No.928/2017 dated 19.7.2024 was confirmed.
2. The fact
The prosecution failed to substantiate claims of unauthorized practice, and the petitioner was exempt from registration for operating an electro-homeopathy clinic.
The court considered the lack of evidence of actual practice of Allopathy Medicines and the availability of the recovered medicines in common households to reduce the sentence.
Registered practitioners of Indian System of Medicine are eligible to practice Allopathy to a limited extent based on their qualifications and the circular issued by the Health and Family Welfare Dep....
The genuineness of the registration certificate and its unimpeachable character played a crucial role in quashing the charges against the applicant.
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