IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-01-2026 CORAM THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA and Crl.MP.No.23649 of 2025 Jayaraman S/o.Laxmanan, D.No. 126/67,Trichy Branch Road, Annathanapatty,Salem.

..Petitioner(s)

Vs

1. The State Rep by, The Inspector of Police, Annadanapatty Police Sation, Salem.Cr.No. 186/2023.

2. A.Helen Kumar S/o.Arumugam, Chief Civil Surgeon, Govt Hospital, Omalur, Salem.

..Respondent(s)

PRAYER: This criminal original petition filed under Section 528 of BNSS to quash the Charge sheet in C.C.No. 567/2025 pending on the file of Learned Judicial Magistrate -IV, Salem and thus render justice.

For Petitioner(s):

Mr.I.M.Siddartha Ramarajan For Respondent(s): Mr.S.Santhosh Govt. Advocate (Crl.Side) For R1

ORDER

This Criminal Original Petition is filed under Section 528 of BNSS to quash the Charge sheet in C.C.No. 567/2025 pending on the file of the Court of Judicial Magistrate -IV, Salem.

2. The Chief Civil Medical Officer, Government Hospital, Omalur, Salem District, on the orders of the Joint Director, Medical Department, Salem, had conducted raid in the premises of the petitioner namely, Jayaraman Clinic on 03.04.2023 and found that the petitioner having studied BHMS Homoeopathy Medicine, had been practising in Allopathy Medicine and seized allopathy medicines from the clinic of the petitioner. Based on the above complaint dated 03.04.2023, the respondent police had registered an FIR on 03.04.2023, against the petitioner in Crime No.186/2023 under Sections 420 of the Indian Penal Code and 15(3) of the Indian Medical Council Act, 1956 Challenging the same, the above Criminal Original Petition is filed.

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

4. The case of the petitioner is that he had completed qualified registered Homeopathy practitioner under Section 15(1) (b) of the Homeopathy Central Council Act. He is qualified and certified by the Tamil Nadu Homeopathy Medical Council on 27.04.1976. Thereafter, the petitioner has also completed Diploma in Community Medical Service and Essential drugs qualified exam conducted on 2016-2018 by the Indira Gandhi National Skill Mission and thus, the petitioner is a registered medical practitioner in Indian System of Medicine.

5.This Court’s 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 practise 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.”

6. 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 p