IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH ON THE 9^th OF NOVEMBER, 2022 MISC. CRIMINAL CASE No. 59450 of 2021 BETWEEN:-

MAJOR DR. KANHAIYALAL PATIDAR S/O SHRI BHERU LAL PATIDAR, AGED ABOUT 40 YEARS, OCCUPATION: DOCTOR 301 GIRIRAJ BUILDING BHANWARKUAN (MADHYA PRADESH)

.....PETITIONER (BY SHRI VINAY GANDHI, ADVOCATE)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THR. P.S. BARWAHA (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI AMIT SINGH SISODA, GOVT. ADVOCATE)

This application coming on for orders this day, the court passed the following:

ORDER

This petition under Section 482 of Cr.P.C. has been preferred against the order dated 7.9.2021, passed by the Court of 3^rd Addl. Sessions Judge, Barwah, District Mandleshwar (West Nimar) in Cr. Rev.No.6/2021, whereby the order dated 20.2.2020 passed by the Court of Judicial Magistrate First Class, Barwah, framing the charge against the applicant for the offence punishable under Section 24 of M.P. Ayurvigyan Parishad Adhiniyam 1987 [in short Adhiniyam

1987], was affirmed.

2. Brief facts giving rise to this petition are that on 29.8.2021 at about 11.00 AM, Block Medical Officer, Block-Barwah, Complainant Dr. Anuj Karkhur received an information that an illegal health camp was being organized by the applicant at Agrasen Dharamshala, Barwah, wherein physician sample (not for sale) as well as expired medicines were given to the people illegally. Complainant alongwith his staff members namely Maneesh Mandloi, Rajendra Sharma and Naib Tehsildar Barwah, Rahul Solanki went there and found applicant alongwith other co-accused persons examining the people without having certificate of registration with M.P. Medical Council in terms of the provisions of Adhiniyam 1987 and giving to them physician sample (not for sale) as well as expired medicines. On being asked applicant and his associates co-accused persons did not produce their registration certificates. Complainant recovered the medicines found on the spot and made written complaint dated 2.9.2019 to SHO P.S., Barwah, on the basis of which FIR was lodged against the applicant and other co-accused persons. After completion of investigation charge sheet was filed before the Court of Judicial Magistrate First Class, Barwah. Learned Trial Court vide order dated 20.02.2022, framed the charges against the applicant and co-accused persons for the offence punishable under Section 24 of Adhiniyam 1987, against which applicant filed criminal revision bearing No. 6/2021 before the Court of 3^rd Addl.Sessions Judge, Barwah, which was dismissed vide impugned order dated 7.9.2021.

3. Learned counsel for the applicant submits that applicant completed his M.B.B.S. degree in the month of November-December, 2006 from Armed Forces Medical College, Pune affiliated to Maharashtra University of Health Sciences, Nashik. After taking compulsory rotating internship training from 6.2.2007 to 5.2.2008, he registered his name in the Indian Medical Council Register as per registration certificate dated 22.2.2008. Applicant joined Indian Army in the year 2007 as a Medical Officer as a Short Service Commissioned Officer. In the year 2012 he was granted substantive promotion to the rank of Major and thereafter retired in the year 2014. He completed his Doctor of Medicine (Dermatology, Venereology and Leprosy) from Armed Forces Medical College Pune and moved to Madhya Pradesh in the year 2018 and got himself registered with the M.P. Medical Council in terms of Adhiniyam 1987. He further got additional registration certificate in lieu of his additional qualification of M.D. He is operating skin clinic in the name of “Mayra Skin and Asthetics Clinic” at Mhow. He further submits that complainant Dr. Anuj Karkhur unnecessarily interfered in the Health Camp organized by the applicant and co-accused persons with ulterior motive and when applicant objected, he made false complaint against the applicant.

Since applicant is a registered med