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1. In all the three applications common and identical issues involved, therefore, they are taken together for its disposal.

2. We have heard Mr. S. T. Shelke the learned counsel appearing for applicants and the learned APP for respondent Nos. 1 to 3.

3. The brief facts of the case may be stated as follows:

i) The applicants have completed the course in Electropathy and Electro Homeopathy. They have been awarded the Degree in Electropathy i.e. B.E.M.S. So also the applicants have completed diploma in Naturopathy Medical Science and have been awarded Diploma Certificate in Naturopathy and Yoga. However, there is no registration of the applicants as a Medical Practitioners either under the State Act or the Central Act.

904 to 906.3153.07.odt

ii) The first information reports were lodged against the applicants with the allegation that the applicants are doing medical practice. Concerned authority has called the relevant papers from the applicants in regards to their medical practice. On scrutiny of those documents there was no permission from the State or the Central Act authorizing the applicants to do the practice in medicine i.e. (Allopathy). Therefore, the offence under Section 33(2), 33(A) of Maharashtra Medical Practitioners Act, 1961 are registered against the applicants, alleging that the applicants are practicing without registration under the State Act or the Central Act. The applicants have challenged the said FIRs on the ground that in view of judicial pronouncement, it is not necessary to have a registration under the Maharashtra Medical Practitioners Act, 1961. When the applicants are practicing in Electropathy and Naturopathy, virtually, the FIR is a violation of an order of this 904 to 906.3153.07.odt Court. Hence all the applicants have prayed to quash and set aside the First Information Reports registered against them.

4. Mr. S. T. Shelke the learned counsel appearing for the applicants submits that the applicants are practicing in Electropathy for which no permission or authorization is required either from the State Government or Central Government.

5. On perusal of the allegations in the first information reports and the affidavit in reply submitted by the investigating officer, it appears that all the applicants have submitted their undertakings to the effect that they will not practice in medicine. According to the prosecution, though the applicants are not entitled to practice in medicine they are doing so and same is also in contravention of their undertaking as well as provisions of the law. Therefore, the learned APP submits that there are no grounds to quash and set aside the first information reports.

6. We have gone through the relevant provisions of Section 2, Sub-section 2 of the Maharashtra Act as 904 to 906.3153.07.odt well as provisions of Section 33 (2), 33 (A) of the Maharashtra Medical Practitioner Act. On perusal of relevant provision it is clear that a person shall be deemed to practice any system of medicines who holds himself out as a being able to diagonise, treat, operate or prescribe medicine or other remedy to give medicine for any ailment, disease, injury, deformity or a physical condition or who claims or indicates to diagnose, treat, operate or prescribe medicines or other remedy etc. for all these purposes unless a person is a registered medical practitioner, he shall not be allowed to practice in view of Section 33 which is part of Chapter VI. However, under the proviso to sub-section 2 there is a category of the persons who shall not be deemed to practice medicines and therefore, they are neither treated as a medical practitioner nor their practice as such is prohibited under Section 33. From the proviso it is clear that a person, who practices Physiotherapy or Electropathy, Chiripody or Naturopathy or Hydoropathy or Yogic healing shall not be deemed to practice medicine. As long as persons who claims to have a degree or diploma in Electortherapy or Electropathy and they practices as such they cannot come within the purview of Section 33.