Kannan S Late Sunder Das vs The State Of Karnataka on 15 December, 2022

[Cites 2, Cited by 0]

Karnataka High Court

Kannan S Late Sunder Das vs The State Of Karnataka on 15 December, 2022

Bench: Hemant Chandangoudar

                              -1-




                                      CRL.P No. 104218 of 2022


       IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

           DATED THIS THE 15TH DAY OF DECEMBER, 2022

                             BEFORE

       THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

         CRIMINAL PETITION NO. 104218 OF 2022 (482-)

BETWEEN:


KANNAN S LATE SUNDER DAS
AGE. 38 YEARS, OCC. NIL,
OCC. 1ST CROSS, MPP NAGAR,
NEAR WELCOME BOARD,
HOSAPETE, DIST. BALLARI
                                                 ...PETITIONER
(BY SRI. SHARNAPPA S KOLIWAD, ADVOCATE)


AND:

1.   THE STATE OF KARNATAKA
     HOSPET TOWN PS, REPRESENTED BY ITS
     STATE DEPARTMENT OF HOME (CRIME )
     VIDHAN SOUDH BANGALORE

2.   DR HARIPRASAD
     AGE. MAJOR, OCC. TALUKA HEALTH
     OFFICER, HOSPETE,
     R/O THO OFFICE, NEAR MASJID HOSPETE,
     TQ. POST HOSPETE,DIST. VIJAYANAGAR,
     PIN-583201
                                              ...RESPONDENTS
(BY SRI. V.S.KALASURMATH, HCGP)


     THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
SEEKING TO QUASH (IN CRIME NO. 172/2015 SUB DIVISION
HOSPETE TOWN PS) IN CC NO. 765/2015 PENDING ON, IN THE
COURT OF PRINCIPAL CIVIL JUDGE NAD JMFC HOSPET, BELLARY,
FOR THE OFFENCE PUNISHABLE U/S 36,38 KARNATAKA AYURVEDIC
AND UNANI PRACTICE     REGISTRATION AND MEDICAL PRACT,
MISC,PROV, ACT, AND U/S 8 OF KARNATAKA PRIVATE MEDICAL
PRACTITIONER ESTABLISHMENT RULE.
                                     -2-




                                              CRL.P No. 104218 of 2022


     THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:


                                   ORDER

The learned High Court Government Pleader accepts notice for the respondents.

2. The learned counsel for the petitioners submits that the petitioner has been charge sheeted for the offences punishable under Sections 36 and 38 of the Karnataka Ayurvedic and Unani Practice Registration and Medical Practitioner, Miscellaneous Provisions Act, and under Rule 8 of the Karnataka Private Medical Establishment Rules alleging that the petitioner is practicing acupuncture without obtaining licence under the Act. The learned Magistrate, after accepting the charge sheet, took cognizance of the aforesaid offences and issued summons. Taking exception to the same, this petition is filed.

3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondents.

4. Section 19A of the Karnataka Private Medical Establishment Act specifies that cognizance of the offence under the Act can be taken only upon a complaint in writing by the Registration and Grievance Redressal Authority or any officer authorized in this -3- CRL.P No. 104218 of 2022 behalf. In the instant case, the learned Magistrate has taken cognizance of the offence on the basis of a final report submitted by the police under Section 173 of the Code of Criminal Procedure and the same is one without authority of law. Accordingly, I pass the following:

ORDER The criminal petition is allowed. The impugned criminal proceedings in C.C.No.765/2015 pending on the file of the Principal Civil Judge and JMFC, Hospet, insofar as it relates to the petitioners- accused herein, is hereby quashed.

SD/-

JUDGE KMS List No.: 4 Sl No.: 16

Unlock Advanced Research with PRISMAI

Karnataka High Court