The registration of an FIR for unauthorized medical practice by an unqualified individual is not liable to be quashed, as performing medical or surgical procedures without professional qualification constitutes a serious threat to public health and safety, requiring investigation rather than judicial intervention.

THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, 2023 , PRAYING TO QUASH FIR IN CRIME NO.237/2025 REGISTERED BY THE FIRST RESPONDENT POLICE (HIRIYUR TOWN POLICE STATION) ON THE COMPLAINT FILED BY THE SECOND RESPONDENT FOR THE OFFENCES MADE PENAL U/S.318(2), 319(2) OF BNS 2023 AND SEC.19 OF THE KARNATAKA PRIVATE MEDICAL ESTABLISHMENT ACT 2007, PENDING ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE (Jr. Dn.) AND JMFC COURT, HIRIYUR CHITRADURGA DISTRICT.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 13.03.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CAV ORDER

1. The petitioner/accused is before the Court calling in question registration of a crime in Crime No.237 of 2025 registered for offences punishable under Section 19 of the Karnataka Private Medical Establishments Act, 2007 and Sections 318(2) and 319(2) of the BNS.

2. Heard Sri Sathyanarayana Chalke, learned counsel appearing for the petitioner and Sri B. N. Jagadeesha, learned Additional State Public Prosecutor for respondents 1 and 2.

3. Skeletal facts necessary for resolution of the lis are as follows:

The 2nd respondent/Taluk Health Officer is the complainant. A complaint comes to be registered against the petitioner alleging that the 3rd respondent/victim had taken conventional Ayurveda treatment at the hands of the petitioner for piles (fistula) and suffered a damage to internal sphincter on 21-01-2021 and the bleeding did not stop for four years. Therefore, he approached the District Health Officer on 03-11-2025 and on his advice registered a complaint before the 2nd respondent. The 2nd respondent in turn registers the complaint with the 1st respondent, the Station House Officer of Hiriyuru Town Police Station, Chitradurga. It becomes a crime in Crime No.237 of 2025. Issuance of summons has driven the petitioner to this Court in the subject petition.

4. The learned counsel appearing for the petitioner would vehemently contend that the petitioner has registered his clinic two decades ago in terms of law. The learned counsel submits that he has been certified from Anubhavi Mathu Vamshaparamparika Vaidyara Sangha (R) (‘the Sangha’ for short) and, therefore, he becomes a registered medical practitioner entitled to practice medicine of this kind. Therefore, no fault can be found with the petitioner, as the certificate of the petitioner also refers to two writ petitions filed by the Sangha to make the certificate valid of those persons who are practicing this form of medicine. He would seek quashment of the crime itself.

5. Per contra, the learned Additional State Public Prosecutor Sri B.N.Jagadeesha would vehemently refute the submissions in contending that the petitioner does not hold a degree from any medical University or Medical College, as the case may be. He claims to be practicing in Piles (Fistula) clinic on the score that he has been certified by the Sangha and is entitled to practice. The learned Additional State Public Prosecutor would further contend that the complainant had visited this person’s clinic who had treated the complainant with usage of surgical instruments. Therefore, this is a matter of investigation, as the petitioner is practicing as medical practitioner without qualification. He would seek dismissal of the petition.

6. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.

7. The afore-narrated facts at this junctur