Madras High Court
Dr.Subramaniyam Bpt vs The State Represented By on 7 January, 2022
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
Crl.O.P.No.922 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07.01.2022
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl. O.P. No.922 of 2018
and Crl.M.P.No.318 of 2018
Dr.Subramaniyam BPT ...Petitioner
Versus
The State represented by
Inspector of Police,
Eriyur Police Station,
Eriyur, Pennagaram Taluk,
Dharmapuri. ...Respondent
PRAYER : Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, to call for the records and quash the FIR and the proceedings
thereof in Crime No.223 of 2017 on the file of Inspector of Police, Eriyur
Police Station, Eriyur, Pennagaram Taluk, Dharmapuri.
For Petitioner : Mr.J.Srinivasa Mohan
For Respondent : Mr.S.Vinoth Kumar
Government Advocate(Crl.side)
Page No:1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.922 of 2018
ORDER
This Criminal Original Petition has been filed to call for the records and quash the FIR and proceedings thereof in Crime No.223 of 2017 on the file of Inspector of Police, Eriyur Police Station, Eriyur, Pennagaram Taluk, Dharmapuri.
2. The crux of the allegations is that based on the complaint preferred by one Dr. Ponnuraj MBBS, the survey was conducted by the authorities in the clinic run by the petitioner herein, wherein, he has run the clinic using the name board stating BMBS, CMP, NUMS Chennai 2012, Reg No.1031 Central Medical Council and also appears to have made use of syringes in the clinic, thereby, the FIR has been registered against the petitioner for the offence under Section 420 of IPC r/w Section 15(2)(3) of Indian Medical Council Act, 1956.
3. Learned counsel for the petitioner submitted that the petitioner has completed BMBS (Beneficiary of Medicine and Service) and Charted Medical Practitioner (CMP) Course from National University of Medical Science which has been approved by the Ministry of Health and Family Welfare. In this regard, he has already sent a certificate to Tahsildhar and all the Page No:2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.922 of 2018 concerned authorities. After receiving the certificate, the petitioner caused a notice to the District Collector, Dharmapuri with a copy to Health Secretary, Ministry of Health and Family Welfare and also to the Police Department in the year 2015. The purpose of the notice was to inform the concerned authorities about his qualification and area of proposed practice. Thereafter, the petitioner was permitted to practice from April, 2015. Without considering the same, merely on the basis of some complaint given by one of the other Doctors, he has been falsely implicated in this matter. Hence, it is nothing but abuse of process of law and the same has to be quashed.
4. The learned Government Advocate (Crl.side) has not disputed the certificates available on record.
5. Heard the learned counsel on either side and perused the materials available on record.
6. In fact, the petitioner is a qualified and holding a certificate in BMBS Page No:3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.922 of 2018 and CMP by Paavai Medical Science Academy and also community Medical Certificate issued by the World Rural Medical Association, New Delhi(India) and he is also qualified as Physiotherapist and practitioner of Modern Scientific Medicine and also life time member in Community Medical Service and he had also sent a necessary Application for registering his qualification and after getting certified by the Tahsildar and Inspector of Police, he has enclosed all the documents to the authorities concerned as early as on 13.03.2015. The certificates clearly indicate that he has Diploma in CMS and also in Physiotherapy which empowers him to practice Homeopathy in Physiotherapy. Therefore, merely because he has not obtained the degree of MBBS and qualified as an Allopathy Doctor, it cannot be said that he has committed the act of cheating and no person is said to have been subjected to such cheating activities. Therefore the offence under Section 420 of IPC would not be attracted. Except mere allegation that syringes were found in the clinic, there is no other allegations whatsoever made to attract the offence under Section 15(2)(3) of the Medical Council Act.
7. This Court is of the view that the Court can exercise its power under Page No:4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.922 of 2018 Section 482 of Cr.P.C to quash the FIR. In a similar case, this Court has already quashed the proceedings vide order dated 26.03.2019 in Crl.O.P.No.3611 of 2018. Hence, the proceedings against the petitioner is quashed. Accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.
07.01.2022 Index : Yes / No Internet: Yes Speaking/non speaking order msv/nr To
1.Inspector of Police, Eriyur Police Station, Eriyur, Pennagaram Taluk, Dharmapuri.
2.The Public Prosecutor High Court, Madras.
N. SATHISH KUMAR, J Page No:5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.922 of 2018 msv/nr Crl. O.P. No.922 of 2018 and Crl.M.P.No.318 of 2018 07.01.2022 Page No:6/6 https://www.mhc.tn.gov.in/judis