THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.9871 OF 2025

ORDER:

This Criminal Petition is filed by the petitioner-accused seeking to quash the proceedings against him in Crime No.300 of 2025 on the file of Sadasivpet Police Station, Sangareddy District, registered for the offences under Sections 318 and 319 of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”), Section 20(ii) read with 22 of Telangana Medical Practitioners Registration (for short ‘TMPR’) Act,1968 and Section 34 read with 54 of National Medical Commission Act, 2019 (for short ‘NMCA’).

2. The case of the prosecution is that the petitioner is a registered Homeopathy Medical Practitioner vide Registration No.287/H/2017. It is alleged that the petitioner is practicing Allopathy medicine, though he is qualified in BHMS and that the said act of practicing allopathy medicine attracts the offences under Sections 419 and 420 of IPC and Section 15(2) of the Indian Medical Council Act.

3. Heard the submissions of Sri T. Srujan Kumar Reddy, learned counsel for the petitioner, Sri Sama Sandeep Reddy, learned Standing Counsel for TMC for respondent No.2 and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1 – State

4. Learned counsel for the petitioner has submitted that the allegations faced by the petitioner are that though he is a qualified Doctor in Homeopathy, he is prescribing the medicines under Allopathy. He referred to the order, dated 02.09.2025, of the Co- ordinate Bench in Criminal Petition No.7668 of 2025 and Batch, wherein the Co-ordinate Bench has quashed the proceedings against the petitioners therein.

5. The learned Standing Counsel for TMC has argued that a person who is qualified in Homeopahty, cannot prescribe the medicines under Allopathy and that it is a clear violation of the regulations and is punishable for the offences under Sections 318 and 319 of BNS, Section 20(ii) read with 22 of the TMPR Act and Section 34 read with 54 of the NMCA. He therefore, prayed to dismiss the Criminal Petition.

6. Perused the record.

7. Since the offences alleged are under Sections 318 and 319 of BNS, Section 20(ii) read with 22 of TMPR Act and Section 34 read with 54 of NMCA, the said Sections are pertinent to be referred in this context:-

Sections 318 and 319 of BNS “318. Cheating –

(1) Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat.

(2) Whoever cheats shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

(3) Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

(4) Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

319. Cheating by personation –

(1) A person is said to cheat by personation if he cheats by pretending to be some other person, or by knowingly substituting one person for or another, or representing that he or any other person is a person other than he or such other p