Delhi High Court - Orders
Pratap Purkait vs The State Of Nct Of Delhi on 15 September, 2025
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 318/2023
PRATAP PURKAIT .....Appellant
Through: Mr. Harsh Vardhan Sharma, Mr. Raj
Kamal and Mr. Shashwat, Advocates.
versus
THE STATE OF NCT OF DELHI .....Respondent
Through: Mr. Pradeep Gahalot, APP for State
with SI Ved Prakash, P.S. Jaitpur.
Mr. T. Singhdev, Mr. Tanishq, Mr.
Anum Hussain and Mr. Vedant Sood,
Advocates for National Medical
Commission.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 15.09.2025
CRL.M.(BAIL) 1791/2025
1. By way of the present application, the appellant seeks interim suspension of his sentence in SC No. 346/2017 rising out of FIR No. 347/2017 registered under Sections 363/366/376(2)(i)/377 IPC & 6 of POCSO Act at P.S. Jaitpur on the ground of the medical condition of his mother, namely Smt. Kulmani Purkait, who is serious and requires immediate family support. In support of the application, medical documents in the form of prescription slips issued by one Dr. Gopal Chandra Midde, Ahamed Medical Hall, Kulpi Vivek Moydan, 24 Pargana (S) have been This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2025 at 21:41:06 annexed. As per the said medical records, it has been certified by Dr. Midde that appellant's mother is suffering from hypertension, high sugar, kidney damage and is in serious condition. Other documents, i.e., the prescription dated 15.04.2025 and 10.05.2025 are placed on record, thereby prescribing allopathic medicines.
2. Suspecting the genuineness of these documents, Mr. T. Singhdev, Ld. Counsel representing the National Medical Commission was asked to verify the same.
Today, a brief note has been handed over by Mr. Singhdev which is taken on record, as per which, the doctor, as mentioned earlier, does not have a postgraduate medical qualification in terms of the National Medical Commission Act, 2019 and is not even authorised to issue such prescription. The relevant extract of the brief note are as under :-
"3. It is submitted that the National Medical Commission being the successor body to the erstwhile Medical Council of India possesses the mandate under the National Medical Commission Act, 2019 to regulate the field of Modern Scientific Medicine ie. Allopathic System of Medicine in the Country.
4. It is submitted at the very outset that persons possessing Recognized Primary / Graduate Medical Qualification (MBBS), under the provisions of the National Medical Commission Act, 2019, and are Registered /Enrolled (Primary Registration) with the concerned State Medical Council, are permitted to practice Modern Scientific Medicine / Allopathic System of Medicine within the concerned State / Union Territory. Such Registered Medical Practitioners, upon acquiring further Recognized Postgraduate/Super-Speciality Medical Qualifications, are entitled for Additional Qualification Registrations in respect of such recognized qualification with the concerned State Medical Council. All additions, as well as, alterations amendments (Primary Registration & Additional Qualification This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2025 at 21:41:06 Registrations) are duly recorded by the concerned State Medical Council in the State Medical Register, which are subsequently provided to the Ethics & Medical Registration Board of the National Medical Commission and thus, entered into the National Medical Register.
5. It is pertinent to state that it is apparent that Dr. Gopal Chandra Midde does not possess any qualification which would permit him to practice in Modern Scientific Medicine / Allopathic System of Medicine i.e. MBBS and thereafter Recognized Postgraduate/Super-Specialty Medical Qualifications.
6. It is submitted that qualification of Diploma in Indo Allopathy Medicine [D.LA.M (Cal)] is not a Recognised Postgraduate Medical Qualification under the Indian Medical Council Act, 1956 and / or the National Medical Commission Act, 2019. It is relevant to state that only on the basis of Recognized Postgraduate Medical Qualifications under the National Medical Commission Act, 2019 can Additional Qualification Registrations under Section 33(3) of the NMC Act, 2019 be granted on case-to-case basis.
QUALIFICATIONS IN INDIAN SYSTEMS OF MEDICINE AYURVEDA, UNANI, SIDDHA & SOWA-RIGPA
7. It is submitted that the National Commission for Indian System of Medicine possesses the mandate under the National Commission for Indian System of Medicine Act, 2020 to regulate the field of Indian Systems of Medicine i.e. Ayurveda, Unani, Siddha & Sowa-Rigpa in the Country.
8. It is further relevant to state that the said qualification of Diploma in Indo Allopathy Medicine [D.L.A.M (Cal)] is also not a Recognized Qualification under the Indian Medicine Central Council Act, 1970/ the National Commission for Indian System of Medicine Act, 2020. Further, the schedules of the Indian Medicine Central Council Act, 1970 and/or the National This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2025 at 21:41:06 Commission for Indian System of Medicine Act, 2020, do not contain any qualification with the nomenclature of Diploma in Indo Allopathy Medicine.
QUALIFICATIONS IN HOMOEOPATHY
9. It is submitted that the National Commission for Homoeopathy possesses the mandate under the National Commission for Homoeopathy Act, 2020 to regulate the field of Homoeopathy in the Country.
10. It is further relevant to state that the said qualification of Diploma in Indo Allopathy Medicine [D.L.A.M (Cal)] is also not a Recognized Qualification under the National Commission for Homoeopathy Act, 2020. Further, the schedules of the National Commission for Homoeopathy Act, 2020, do notcontain any qualification with the nomenclature of Diploma in Indo Allopathy Medicine.
11. It is thus not known as to which authority has granted the registration i.e. Registration Certificate No. 10694 WB to Dr. Gopal Chandra Midde on the basis of the aforesaid purported qualification of Diploma in Indo Allopathy Medicine [D.LA.M (Cal)]."
3. In view of the above, the Investigating Officer shall forward a copy of this order, alongwith the aforementioned medical documents issued by Dr. Gopal Chandra Midde to the concerned State Health Department for information and necessary action, if so advised.
4. Today, learned counsel for the appellant has handed over a fresh set of medical documents in respect of the appellant's mother, where she is shown to be treated at PG/SSKM Hospital, Kolkata, which shows her micro- albumin to creatinine ratio to be on the higher side. The status report has been handed over, which is taken on record as per which, appellant's family This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2025 at 21:41:06 comprises his four sisters and four brothers, wife and two children, who can take care of their mother.
5. In view of the aforesaid, I find no ground to suspend the sentence of the appellant at this stage, consequently, the application is dismissed.
MANOJ KUMAR OHRI, J SEPTEMBER 15, 2025 ga This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2025 at 21:41:06