CRL.P.3461/2021

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF JUNE, 2021

BEFORE

THE HON9BLE MR. JUSTICE S.VISHWAJITH SHETTY

CRL.P.No.3461/2021

BETWEEN:

Dr. Shwetha Bhandary,

D/o Govinda Bhandary,

Aged about 36 years,

R/o. No.8-17 H, Shashwath,

Vijaya Nagar, Saralabettu,

Manipa Post,

Udupi Taluk - 576 104.

& PETITIONER

(By Sri Chethan, B., Adv.)

AND:

1.

State of Karnataka,

By Udupi Town Police Station,

Udupi - 576104.

Represented by SPP,

High Court of Karnataka,

Bangalore - 560001.

2.

The Taluk Health Officer,

Taluk Helath Office,

Udupi Taluk,

Udupi - 576 104.

& RESPONDENTS

(By Sri R.D.Renukaradhya, HCGP)

This Criminal Petition is filed under Section 482 Cr.P.C.,

praying to quash the FIR and entire further proceedings in

Crime No.110/2020 registered for the offence under Section

406, 417, 419 and 420 of Indian Penal Code on the file of the

CRL.P.3461/2021

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court of the Additional Civil Judge and JMFC at Udupi, as

against the Petitioner, Annexure-A.

This petition coming on for Admission, this day, the

Court made the following:

ORDER

1.

Heard the learned counsel for the petitioner and the

learned HCGP for the respondents.

2.

Petitioner who is a Dental Doctor has approached this

Court in this petition with a prayer to quash the FIR and

entire proceedings in Crime No.110/2020 registered by the

Udupi Town Police Station for the offences punishable under

Sections 406, 417, 419 & 420 IPC, which is now pending

before I Addl. Civil Judge (Jr.Dn.) & JMFC, Udupi, wherein

she has been arrayed as accused no.2.

3.

Brief facts of the case as revealed from the records are,

on the written complaint of the Chancellor of Manipal

University alleging that one Govinda Bhandary was running

a Dental Clinic in Udupi Town without being a qualified

Doctor, the Taluk Health Officer, Udupi, after obtaining

necessary permission from the Deputy Commissioner, Udupi,

had raided the said clinic and thereafter sealed the same.

CRL.P.3461/2021

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Subsequently, he has filed a complaint before the Udupi

Town Police Station on 03.11.2020 alleging that the said

clinic which was run by Govinda Bhandary was registered in

the name of Dr. Shwetha - petitioner herein, who is the

daughter of Govinda Bhandary. It is averred in the

complaint that Dr. Shwetha having registered the clinic in

her name, had allowed her father to run the clinic. Based on

his complaint, FIR was registered in Crime No.110/2020 by

the Udupi Town Police against Govinda Bhandary and his

daughter who is the petitioner herein for the offences

punishable under Sections 406, 417, 419 and 420 of IPC.

Being aggrieved by the same, the petitioner has approached

this Court.

4.

Learned Counsel for the petitioner submits that the

petitioner is a qualified dental doctor and she has obtained

his BDS Degree from Rajiv Gandhi University of Health

Sciences in the year 2008. Thereafter, she has started private

practice at Udupi and her dental clinic is known as

'Shaswath Dental Clinic and Lab' and the same is registered

with the Karnataka Private Medical Establishment Authority,

CRL.P.3461/2021

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Udupi, and the certificate to the said effect is produced which

is valid upto 07.09.2022. He submits that the petitioner is

now pursuing her final year MDS Course. He also submits

that she has given a detailed reply to the notice received by

her from the Taluk Health Officer, wherein she has clearly

stated that the clinic in question belongs to her and she has

been practicing in the said clinic. She has also stated that

since her father was unemployed, she had asked her father

to take care of the clinic in her absence by attending patients

and

giving

them

appointments.

Pursuant

to

the

appointments given by her father, she used to visit the clinic

and attend the patients. She has stated that she has been

pursuing her MDS Degree course in Mangaluru, and

therefore, she was traveling