Section 54 of the National Medical Commission Act, 2019, mandates that a court cannot take cognizance of an offence under the Act except upon a written complaint filed by an authorized officer; thus, initiation of criminal proceedings via a police report is procedurally unsustainable.

ORDER:

This Criminal Petition is filed by the petitioner-accused seeking to quash the proceedings against him in Crime No.182 of 2025 on the file of Gandhinagar Police Station, Hyderabad, registered for the offences under Sections 318(4) and 319(2) 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’).

The case of the prosecution is that the petitioner is a registered Ayurvedic Medical Practitioner vide Registration No.1257. It is alleged that the petitioner is practicing Allopathy medicine, though he is qualified in BAMS and that the said act of practicing allopathy medicine attracts the offences under Sections 318(4) and 319(2) of BNS, Section 20(ii) read with 22 of the TMPR Act and Section 34 read with 54 of the NMCA.

Heard the submissions of Sri B. Vamshidhar Reddy, learned counsel for the petitioner, Sri Sama Sandeep Reddy, learned Standing Counsel for TMC for respondent No.2 and Sri E. Ganesh, learned Assistant Public Prosecutor for respondent No.1 – State.

Learned counsel for the petitioner has submitted that the allegations faced by the petitioner are that though he is a qualified Doctor in Ayurvedic, 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.

The learned Standing Counsel for TMC has argued that a person who is qualified in Ayurvedic, 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(4) and 319(2) 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.

Learned Assistant Public Prosecutor submitted to pass appropriate orders in the Criminal Petition.

Perused the record.

Since the offences alleged are under Sections 318(4) and 319(2) 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(4) and 319(2) of BNS:

“318. Cheating –

(1) xxx

(2) xxx

(3) xxx

(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) xxx

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

Section 20(ii) and 22 of TMPR Act:

“20. Notwithstanding anything to the contrary in any other law for the time being in force,-

(i) xxx

(ii) no person other than a registered practitioner shall, with effect from such date as may be specified by the Government by notification in this behalf, practice the modern scientific medicine or hold himself out, whether directly or by implication as practicing or as being prepared to so practice;

22. Whoever contravenes the provisions of clause(ii) of Section 20 shall be punishable on first conviction with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both, and on any subsequent, conviction with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.”

Sections 34 and 54 of NMCA:

“34. Bar to practice – (1) No person other than a person who is enrolled in the State Registrar or the Na