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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA
Boopal Shashidhar – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash criminal proceedings (Para 1 , 2) |
| 2. arguments on the legality of practice (Para 4 , 5) |
| 3. application and implications of medical laws (Para 7 , 8 , 10 , 11) |
| 4. cognizance and filing procedure of complaints (Para 9 , 19) |
| 5. quashing of proceedings against the petitioner (Para 20 , 21) |
ORDER :
Tirumala Devi Eada, J.
This Criminal Petition is filed by the petitioner-accused seeking to quash the proceedings against him in Crime No.182 of 2025 on the file of Gandhinagar Police Station, Hyderabad, registered for the offences under Sections 318(4) and 319(2) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”), Section 20(ii) read with 22 of Telangana Medical Practitioners Registration (for short ‘TMPR’) Act,1968 and Section 34 read with 54 of National Medical Commission Act, 2019 (for short ‘NMCA’).
2. The case of the prosecution is that the petitioner is a registered Ayurvedic Medical Practitioner vide Registration No.1257. It is alleged that the petitioner is practicing Allopathy medicine, though he is qualified in BAMS and that the said act of practicing allopathy medicine attracts the offences under Sections 318(4) and 319(2) of BNS, Section 2
Only authorized personnel can initiate criminal proceedings under medical laws; unauthorized complaints preclude legitimate court cognizance.
Registered Ayurvedic practitioners cannot prescribe Allopathy unless allowed by State law; improper complaint filing voids legal proceedings.
A qualified medical practitioner cannot prescribe medications from a different medical stream unless legally authorized, emphasizing the necessity of proper complaint procedures in criminal charges.
A registered Homeopathy practitioner cannot prescribe Allopathy medicines unless authorized by law; procedural lapses in complaint initiation undermine the legal process.
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