Kerala High Court
K.T.Yacob vs State Of Kerala on 26 September, 1996
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
THURSDAY, THE 11TH DAY OF FEBRUARY 2016/22ND MAGHA, 1937
Crl.MC.No. 7386 of 2015
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C.C.NO.197/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA
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PETITIONER(S)/ACCUSED :
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K.T.YACOB, AGED 60 YEARS,
S/O.THOMAS, KAREDATH HOUSE, MUKKANNOOR VILLAGE,
ATTARUKARAYIL POST, ANGAMALY, ERNAKULAM DISTRICT.
BY ADVS.SRI.C.A.NAVAS
SRI.C.J.SOLOMAN
SMT.E.G.AMBILY
SRI.SHAJI SAMAD
RESPONDENT(S)/COMPLAINANT :
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE SUB INSPECTOR OF POLICE,
CHENGAMANADU POLICE STATION,
ERNAKULAM DISTRICT-683 572.
BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 11-02-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Msd.
Crl.MC.No. 7386 of 2015
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APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE-I: THE TRUE PHOTOSTAT COPY OF THE CERTIFICATE OF
REGISTRATION DATED 26/09/1996 ISSUED BY THE INDIAN
COUNCIL OF ALTERNATIVE MEDICINES HAVING
NO.IBAM/RMP/26512.
ANNEXURE-II: THE BACHELOR DEGREE CERTIFICATE ISSUED BY
THE INDIAN COUNCIL OF ALTERNATIVE MEDICINES
(M.B.B.S (AM), DATED 31/03/2005.
ANNEXURE-III: THE PHOTOSTAT COPY OF THE ORDER DATED 05/05/2010
HAVING NO.V-25011/276/2009- HR.
ANNEXURE-IV: THE SEARCH LIST PREPARED BY THE POLICE
DATED 05/11/2010.
ANNEXURE-V: THE CERTIFIED COPY OF THE FINAL REPORT
DATED 05/11/2010.
ANNEXURE-VI: THE CERTIFIED COPY OF THE COURT CHARGE
DATED 29/07/2013.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
B. KEMAL PASHA, J.
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CRL.M.C. No.7386 of 2015
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Dated this the 11th day of February, 2016
O R D E R
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
2. The petitioner is the accused in C.C.No.197 of 2012 of the Judicial First Class Magistrate's Court-I, Aluva, which has arisen from Crime No.632 of 2010 of the Chengamanadu Police Station, for the offences under Sections 419 and 420 IPC and Section 38 read with Section 39 of the Travancore Cochin Medical Practitioners Act, 1953.
3. The allegation against the petitioner is that without any licence or authorisation or the order of the Medical Council, he had practiced modern medicine, by styling himself as a Doctor, thereby he impersonated himself, and cheated and defrauded various persons, and had imparted CRL.M.C.No.7386 of 2015 -: 2 :- treatments in Allopathic medicines, Homeopathy and Ayurveda.
4. According to the learned counsel for the petitioner, there is a clear bar to take cognizance of the offences under the Travancore Cochin Medical Practitioners Act, except on a complaint in writing of an officer empowered by the Government in this behalf.
5. As per Section 45(2) of the Travancore Cochin Medical Practitioners Act, `no court shall take cognizance of any offence under this Act except on a complaint in writing of an officer empowered by the Government in this behalf'.
6. Matters being so, through a police report, the court cannot take cognizance of the offences coming under the Travancore Cochin Medical Practitioners Act. Therefore the offences under Section 38 read with Section 39 of the Travancore Cochin Medical Practitioners Act, 1953 alleged against the petitioner through Annexure-V Final Report are liable to be quashed.
CRL.M.C.No.7386 of 2015 -: 3 :-
7. At the same time, as far as the offences under the Indian Penal Code, the present stage is too premature to say that whether the allegations against the petitioner are not correct. The contentions forwarded by the learned counsel for the petitioner can be taken up at appropriate stage before the court below, either at the time of framing of the charges under Section 239 Cr.P.C. or during the trial.
In the result, this Crl.M.C. is allowed in part, thereby quashing the offences under Section 38 read with Section 39 of the Travancore Cochin Medical Practitioners Act, 1953.
Sd/-
B. KEMAL PASHA, JUDGE.
DSV/11/2/16 // True Copy // P.A. To Judge