Karnataka High Court
Mallikarjuna S/O. Shanmukhappa ... vs State Of Karnataka on 31 October, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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CRL.P No. 100665 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 31ST DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 100665 OF 2017 (482-)
BETWEEN:
MALLIKARJUNA S/O. SHANMUKHAPPA HUNAGUND,
AGE:59 YEARS, OCC:DOCTOR,
ADDRESS:NEAR SHIVACHARYA GARADIMANI,
AMINAGAD, TQ:HUNAGUND,
DIST:BAGALKOT.
...PETITIONER
(BY SRI. MRUTYUNJAYA S.HALLIKERI, ADVOCATE)
AND:
STATE OF KARNATAKA
THROUGH AMENGAD PS
REPRESENTED BY SPP
HIGH COURT OF KARNTAKA
DHARWAD BENCH, DHARWAD
...RESPONDENT
Digitally signed
by SAMREEN
(BY SRI.M.H.PATIL, AGA )
AYUB DESHNUR
Location: HIGH THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
COURT OF
KARNATAKA,
DHARWAD CR.P.C., SEEKING TO QUASH THE COMPLAINT IN CRIME NO. 205 OF
BENCH,
DHARWAD.
2016 REGISTERED BY THE AMENGAD PS, PENDING BEFORE THE
COURT OF ADDL. CIVIL JUDGE (JUNIOR DIVISION) AND JMFC COURT,
HUNAGUND, BAGALKOT FOR THE OFFENCES PUNISHABLE UNDER
SECTON 19, 7(1) OF THE KARNATAKA PRIVATE MEDICAL
ESTABLISHMENT ACT, 2007, AND SECTION 336 OF IPC.
THIS CRIMINAL PETITION COMING ON FO RHEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
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CRL.P No. 100665 of 2017
ORDER
Heard the learned counsel appearing for petitioner and learned Additional Government Advocate appearing for respondent-State.
2. FIR was registered for the offences punishable under Sections19, 7(1) of Karnataka Private Medical Establishment Act, 2007, and Section 336 of IPC, alleging that the petitioner is practicing medicine without registration under Act 2007. Taking exception to the same this petition is filed.
3. Learned counsel appearing for petitioner submits that the learned Magistrate can take cognizance for the offence punishable under the Act, 2007 only upon a complaint in writing by the officer prescribed and as such the registration of the FIR by the Police is one without authority of law.
4. On the other hand, learned Additional Government Advocate appearing for respondent-State submits that the petitioner was practicing medicine without registration under the Act, 2007 and as such he has committed the aforesaid offence and the registration of the FIR does not warrant any interference.
5. I have examined submissions made by the learned counsel for the parties.
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6. Section 19A of the Act 2007 specifies that no Court shall take cognizance of the offence under the Act except on a written complaint by the Registration and Grievance Redressal authority or officer authorized in this behalf by the said authority. In the instant case the police have registered the FIR and the same is one without authority of law. Accordingly, I Pass the following:
ORDER Criminal Petition is allowed. The impugned FIR in Crime No.205/20165 registered by the Amengad Ps is hereby quashed.
Sd/-
JUDGE AC