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Crl.O.P.No.2733 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.03.2026

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.O.P.No.2733 of 2023

Dr.A.Selladurai ... Petitioner

Vs.

1.State rep. By Inspector of Police,

Rayakottai Police Station, Krishnagiri District

crime No.287 of 2021

2.Dr.Rajeshkumar ... Respondents

Prayer: Criminal Original petition filed under Section 482 of Cr.P.C. praying to call for the records and quash the charge sheet registered in CC.No.67 of 2022 (FR-3/2022) dated 06.01.2022 on the file of the

Judicial Magistrate, Denkanikottai, Krishnagiri District.

For Petitioner : Mr.V.Prakash Babu

For Respondents : Mr.A.Gopinath, Government Advocate(crl.side)

ORDER

This criminal original petition has been filed praying to

quash the proceedings in CC.No.67 of 2022 (FR-3/2022) dated Page 1 of 10

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Crl.O.P.No.2733 of 2023

06.01.2022 on the file of the Judicial Magistrate, Denkanikottai,

Krishnagiri District.

2. The case of the prosecution is that the petitioner is practicing

allopathy medicine without qualified degree in allopathy medicine and committed offence under Section 15(c) of Indian Medical Council Act and Section 27(b)(ii) of Drugs and Cosmetics Act, 1940. On perusal of records and also on the submissions made by the counsel on either side, it is revealed that the petitioner is a BHMS degree holder from Tamilnadu Dr.MGR Medical University, Chennai. He is also registered with Tamilnadu Homeopathy Medical Council. He is also a registered medical practitioner in Indian System of Medicine. As per circular dated 15.06.2010 issued by the Health and Family Welfare Department, Government of Tamilnadu, “the institutionally qualified practitioners of ayurveda, siddha and unani who are registered in Tamilnadu 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 practice allopathy medicine. As per the circular, the Director General of Police, Chennai was also directed to instruct the police officers in the Districts not to intervene with the practice of registered practitioners of siddha, ayurveda, unani and

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Crl.O.P.No.2733 of 2023 naturopathy who are registered in Tamilnadu Siddha Medical Council and Tamilnadu Board of Indian Medicine. On the complaint lodged by the second respondent, the first respondent registered FIR and filed final report with the above allegations for the offence under Section 15(c) of Indian Medical Council Act and Section 27(b)(ii) of Drugs and Cosmetics

Act, 1940

3. The learned counsel for the petitioner vehemently contended

that the first respondent has no jurisdiction at all to register any FIR since the alleged Sudhan Paramedical Institute is coming under the jurisdiction of Dharmapuri District. The petitioner’s son is a registered medical practitioner under the allopathy medicine and he is running the hospital in the name of Sudhan Hospital at Royakottai, Krishnagiri District. On the complaint lodged by the second respondent, the first respondent registered FIR and conducted investigation in the hospital owned by one, Dr.S.Monish Sudhan and he is running the hospital in the name of Sudhan Hospitals at Royakottai, Krishnagiri District. On perusal of the rough sketch produced by the first respondent also revealed that the place of occurrence is Sudhan Hospitals and not paramedical institute. Sudhan Paramedical Institute is situated within the district of Dharmapuri. Therefore, Sudhan Hospitals has nothing to do with the allegations made

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Crl.O.P.No.2733 of 2023 against the petitioner. Further, the petitioner is practicing at Sudhan

Paramedical Institute, Dharmapuri.

4. That apart, the very same issue