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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Tirumala Devi Eada
Shamantha Bohini – Appellant
Versus
State of Telangana Through Alwal P.S. Cyberabad – Respondent
| Table of Content |
|---|
| 1. allegations of practicing allopathy without proper qualifications. (Para 1 , 2 , 10) |
| 2. arguments regarding the legal ability of practitioners to prescribe medicine. (Para 3 , 4 , 5) |
| 3. importance of authorized complaint filing in medical malpractice cases. (Para 12 , 18) |
| 4. final ruling quashing proceedings due to procedure errors. (Para 20 , 21) |
ORDER :
Tirumala Devi Eada, J.
This Criminal Petition is filed by the petitioner-accused seeking to quash the proceedings against her in C.C.No.1492 of 2025 on the file of learned X Additional Judicial Magistrate of First Class, Medchal, registered for the offences under Section 318 (4) of the Bharatiya Nyaya Sanhita , 2023 (for short “ BNS ”), Section 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 Doctor. It is alleged that the petitioner is practicing Allopathy medicine, though she is qualified in Ayurvedic Medicine and that the said act of practicing allopathy medicine attracts the offences under Section 420 of IPC and Sect
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.
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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