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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Tirumala Devi Eada
Pal Mahendra – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. quashing proceedings based on procedural lapses. (Para 1 , 2 , 3) |
| 2. arguments on qualifications and legitimacy of practice. (Para 4 , 5) |
| 3. legal confirmations on the authority to practice. (Para 7 , 8 , 12) |
| 4. importance of correct complaint procedures. (Para 19 , 20) |
ORDER :
Tirumala Devi Eada, J.
This Criminal Petition is filed by the petitioner-accused seeking to quash the proceedings in Crime No.489 of 2025 on the file of P.S. Patancheru, Sangareddy District, 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 Homeopathy Medical Practitioner vide Registration No.305/H/2017. It is alleged that the petitioner is practicing Allopathy medicine, though he is qualified in BHMS and that the said act of practicing allopathy medicine attracts the offences under Sections 419 and 420 of IPC and Section 15(2) of the Indian Medical Council Act.
3. Hea
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.
Registered Ayurvedic practitioners cannot prescribe Allopathy unless allowed by State law; improper complaint filing voids legal proceedings.
Only authorized personnel can initiate criminal proceedings under medical laws; unauthorized complaints preclude legitimate court cognizance.
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