O R D E R

This Criminal Original Petition has been filed challenging the records and quash the charge sheet in C.C.No.66 of 2017 registered for the offences under Section 419 and 420 of IPC and 15 of the Indian Medical Council Act, 1956 on the file of Judicial Magistrate Court, Chengam, Tiruvannamalai District.

2. The case of the petitioner is that he is a Registered Homeopathy Medical Practitioner and enrolled vide Registration No.13446. While so, based on the complaint of one Mr.Rajendiran alleging that the petitioenr having been studied BHMS Homeopathy Medicine had been practicing in Allopathy Medicine, the respondent police has registered an FIR in Crime No. 416 of 2016 for the offences punishable under section 419, 420 of IPC and 15(2) of Indian Medical Council Act against the petitioner. Challenging the same, this Criminal Original Petition is filed.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side).

4. My attention is drawn to the Circular dated 15.10.2010 issued by the Health and Family Welfare Department, Government of Tamil Nadu, wherein it has been already held that “the institutionally qualified Practitioners of Ayurveda, Sidddha and Unani, who are registered in the Tamil Nadu Board of Indian Medicine, Chennai are eligible to practice in the respective system with Allopathy based on the training and teaching they had in the Course. But they cannot exclusively do the practice in Allopathy Medicine.”

5. Learned Counsel for the petitioner relied upon the decisions of this Court in (i) WP (MD) No.7678 of 2010 dated 11.02.2011, (ii) 2010 SCC OnLine Mad 4034, (iii) WP (MD) No.10041 of 2017 dated 25.05.2017 and (iv) Crl.O.P.(MD). No.5596 of 2015 dated 25.08.2015, to the effect that to a limited extent, the petitioner, who has completed BHMS (Bachelor of Homoeopathic Medicine and Surgery), can use the Allopathy medicines and a circular was also issued to this effect. The Circular issued is as follows:

"Rc.No.147472/Cr.IV (2)/2010 Office of the Director General of Police, Chennai-600 004.Dated:19.06.2010 CIRCULAR MEMORANDUM Sub: Indian System of Medicine-Police action against qualified Indian Medicine Doctors-Instructions issued Regarding.

Ref: Govt.Lr.No.22715/lM ll(2)/Health Family Welfare Department, dt.15.06.2010 & 16.06.2010 ...

In the reference cited, the Government have stated that the Police Department in the course of their action against the Quacks has inspected the clinics run by the registered medical practitioners in Siddha, Ayurveda, Homoeopathy and Unani and arrested some of them as if they had practiced Allopathy System of Medicine. The Government have informed that as per section 17(3) B of the Indian Medicine Central Council Act, 1970 the institutionally qualified practitioners of Siddha, Ayurveda and Unani Tibb Homeopathy are eligible to practice respective systems with modern scientific medicine including Surgery and Gynecology Obstetrics, Anesthesiology, ENT, Opthalmology etc based on the training and teaching.

2) Hence all Commissioners of Police/Inspectors General of Police, Deputy Inspector General of Police and Superintendents of Police are requested to instruct the Police Officers in the Cities and Districts not to intervene with the practice of registered practitioners of Siddha, Ayurveda, Unani, Homeopathy and Naturopathy who are registered in the Tamil Nadu Siddha Medical Council, Tamil Nadu Board of Indian Medicine and Tamil Nadu Homeopathy Medical Council. If any cases of the Doctors who are already under arrest may be reviewed with reference to the above clarification.

3) The letter from the Health & Family Welfare Department at 15.06.2010 is enclosed for perusal.

4) The instructions should be scrupulously followed.

5) Receipt of this Circular Memo may be acknowledged.

Sd/- K.Radhakrishnan ADGP(Law & Order)

To:

All Commissioners of Police in the Cities All Inspectors General of Police in Zones All Deputy Inspectors General of Police in Range.

All Superintendent