ORDER

This Criminal Original Petition has been filed to call for the records relating to the FIR in Crime No.605/2021 on the file of the 1st respondent and quash the same as illegal.

2. On the complaint given by one Mr.Vetriselvan, NHM Nodal Officer, the Joint Directorate of Health Services, Dharmapuri, on 23.11.2021 by alleging that on receiving instructions from the Joint Director at 1.00 PM on 23.11.2021, the second respondent went and inspected the Clinic of the petitioner by name 'Vijaya Clinic'. On inspection, he came to know that the petitioner is a Homeopathic Doctor, cheating his patients by giving Allopathy medicines. On the basis of the above complaint, a case was registered against the petitioner for the offence under Sections

417 IPC and 15 of Indian Medical Council Act.

3.Heard the submission made on either side and perused the materials available on record.

4. Even according to the defacto complainant, the petitioner is a qualified Homeopathic Doctor. The decree certificate of the petitioner has been produced for perusal. The petitioner did his Bachelor of Homeopathic Medicine Surgery at Vinayaga Mission Homeopathic Medical College, Vinanyaga Missions University, Salem. He also registered his Clinic and got Certificate of Registration to establish his Clinic. The certificate given to the petitioner dated 27.11.2019 is also produced to show the same. The petitioner has enrolled himself as a registered Homeopathic practitioner vide registration No.3312 of 2009 under the Tamil Nadu Homeopathy System of Medicines and Practitioners of Homeopathy Act, 1971.

5. The learned counsel for the petitioner submitted that as per Section 17(3)

(B) of the Indian Medicine Central Council Act, 1970, an institutionally qualified practitioners are eligible to practice respective system with modern scientific Medicine including surgery, Gynecology Obstetrics, Anesthesiology, ENT, Opthalmology etc., based on the training and teaching. The petitioner rarely use Allopathy medicines along with Homeopathy treatment whenever required. It is a practice of police personnel to interfere with the registered medical practitioners, who are practicing other system of medicines like Ayurveda, Siddha, Unani Tibb etc. So a writ petition was filed for directions. Pending the writ petition, a Government letter in Letter No.22715/IM 2(2)/2010~4 dated 15.06.2010 has been issued. In the said Government order, a direction has been given to police not to interfere with the Homeopathy practitioners.

6.Even assuming that the petitioner was exclusively administering Allopathy medicines, the first respondent cannot interfere and register a case against him. Yet another Government order has been issued in G.O(Ms.)No.248, Health and Family Welfare Department, dated 08.09.2010, that every registered medical practitioner holding qualification specified in the II, III and IV schedule of Indian Medicine Central Council Act, 1970 and part III of the schedule of Tamil Nadu System of Medicine Act, 1997 and registered in the Medical Register of the State shall be considered as an eligible person to practice modern scientific system of medicine for the purpose of the Drugs and Cosmetics Act, 1940. Hence, in all probabilities, the action of the respondent in registering the case against the petitioner is illegal and unwarranted.

7. As stated already the petitioner is a qualified Homeopathy Doctor who was awarded with a Degree of Bachelor of Homeopathy Medicine and Surgery by the Vinayaga Mission University, Salem. In view of the above qualification he got himself registered under the Tamil Nadu Homeopathy System of Medicine and Practitioners of Homeopathy Act, 1971. Even though, the petitioner is a qualified Homeopathy Doctor, he is also entitled to practice Allopathy in terms of Section 38(8) of the Tamil Nadu Homeopathy System of Medicine and Practitioners of Homeopathy Act, 1971. For the purpose of clarity, the import of Section 38(8) of the said Act is extracted as under:~

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