ORDER: -

The present Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 seeking to quash the proceedings in C.C.No. 339 of 2018 on the file of III Additional Judicial First Class Magistrate at Rajamahendravaram, East Godavari District for the offences under Section 420 IPC and Section 11(1)(3) of the A. P. Private Medical Care Establishments (Registration and Regulation) Act, 2002 (for short „the Act‟). The petitioner herein is arrayed as sole accused.

2. The sum and substance of the accusation in registration of the crime basing on the complaint of Deputy Medical and Health Officer, Government District Hospital, Rajamahendravaram to the Station House Officer, III Town (L&O) Police Station is that the petitioner/accused herein is practicing treatment with Allopathic Medicine and prescribing allopathic medicines without any qualification in Allopathic Medicine, even without registering under the Act 2002, which is mandatory.

3. As per the prosecution case, on credible information on 26.09.2018 at about 11.30a.m. the LW.1/the Deputy Medical and Health Officer, Government District Hospital, Rajamahendravaram along with his staff and mediators conducted raid against Satya Sai Clinic, Lakshmivarapupta, Rajamahendravaram and found noticed that the accused was getting treating to two patients and prescribed allopathic medicines without any qualification in Allopathic medicine and without registration. Basing on the written report submitted by the LW.1 and the Mediators report drafted by the mediators/LWs.6 to 8, the Sub Inspector of Police, Rajamahendravaram registered a case in Crime No.359 of 2018 under Sections 420 IPC and Section 11(1) (3) of A.P. Private Medical Care Establishment (Registration and Regulation) Act 2002 of III Town L & O. P.S., Rajamahendravaram.

3. During the course of proceedings, on 20.02.2019 this Court granted interim order, operative portion of which reads as follows:

“Till then, three shall be stay of all further proceedings in C.C.No.339 of 2018 on the file of III Additional Judicial First Class Magistrate, Rajamahendravaram, East Godavari District.”

4. Heard learned counsel for the petitioner and learned Public Prosecution appearing for the State. Though notice to the 2nd respondent served on

02.07.2024, none appeared on her behalf.

5. Learned counsel for the petitioner would submit that the petitioner has been practicing as Homeopathy Doctor at Rajamahendravaram and prima facie there is no material to show that any person caused damage by the petitioner as defined under Section 415 IPC, there is nothing to show that the de facto complainant was cheated, and there is nothing even to show to which patient he treated much less by playing deception by causing wrongful loss or gain, which are the two prerequisites to attract the offence under Section 420 IPC defined under Section 415 IPC. Even as per Section 11 (1) (3) of the Act, 2002 does not have legal sanctity to continue the criminal proceedings against the petitioner. Therefore prayed to quash the proceedings against the petitioner.

6. A bare perusal of Section 482 makes it clear that the Code envisages that inherent powers of the High Court are not limited or affected so as to make orders as may be necessary; (i) to give effect to any order under the Code or, (ii) to prevent abuse of the process of any Court or, otherwise (iii) to secure ends of justice. A court while sitting in Section 482 jurisdiction must exercise its powers to do real and substantial justice, depending on the facts and circumstances of case. These powers must be invoked for compelling reasons of abuse of process of law or glaring injustice, which are against sound principles of criminal jurisprudence.

7. Specific circumstances warranting the invocation of the provision must be present. The decision rendered by the Hon‟ble Apex Court in State of Haryana and others v. Bhajanlal and others1is considered as the guiding torch in the application of Section 482. At