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3. In third group of writ petitions, Criminal Writ Petition Nos. 1507/94. 237/95, and W.P. 128/96, 129/96, 3461/96, 5591/97, 6243/98, 2236/06, the petitioners claim to hold degrees or diplomas in Electropathy or Homeo-Electropathy. They are also not registered Medical Practitioners under the Maharasthra Act or the Central Act. According to them, they do not require any such registration but in spite of this, by letter dated 30th March, 1994 issued by Medical Education and Drugs Department of Government of Maharashtra, they are either lacing prosecution or they are apprehending prosecution for practicing Electropathy or Homeo-Electropathy for want of recognised qualifications and registration as Medical Practitioners under the Maharashtra Act. They seek to quash the said letter/directions and also seek to restrain the concerned authorities from preventing the petitioners from practicing in Electropathy/ Homeo-Eleclropathy.

26. The group of petitioners, who claim to hold degree/diploma in Electropathy/ Homeo Electropathy, has challenged the action of the Government for prosecution or apprehended prosecution against them. At the outset it may be stated that Section 2, Sub-section (2) of the Maharashtra Act, reads as follows:

(2) For the purpose of Chapter VI, a person shall be deemed to practise any system of medicine who holds himself out as being able to diagnose, treat, operate or prescribe medicine or other remedy or to give medicine for any ailment, disease, injury, pain deformity or physical condition or who, by any advertisement, demonstration, exhibition or teaching offers or undertakes, by any means or method whatsoever to diagnose, treat operate prescribe, medicine or other remedy or to give medicine for any ailment, disease, injury, pain, deformity or physical condition." Provided that, a person who --

(ii) "physio-threapy" means treatment of any ailment, disease, injury, pain, deformity or physical condition, by massage or other physical means, but does not include bone setting.

From this, it is clear that a person shall be deemed to practice any system of medicines who holds himself out as being able to diagonise, treat, operate or prescribe medicine or other remedy to give medicine for any ailment, disease, injury deformity or 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 medical practitioners nor their practice as such is prohibited under Section 33. From the proviso quoted above, it is clear that a person, who practices Physiotherapy or Electropathy or chiripody or naturopathy or hydropathy or yogic healing shall not be deemed to practice medicine. As long as the person who claims to hold degrees or diplomas in Electrotherapy or Electropathy and he practices as such he cannot come within the purview of Section 33. However, if such person claim to practice medicine for the purpose of diagnosis, treatment etc. he will come within the definition of Medical Practitioner and will be required to be registered under Section 33, failing which he is liable for prosecution by the State Government.

31. For the aforesaid reasons, we find no merit in the present petitions. Therefore, all the petitions stand dismissed. However, it is made clear that as far as the petitioners, who claim to hold degree or diploma in Electropathy or Homeo-Electropathy, may practice in Electropathy or Electrotherapy without registration as medical practitioners in view of proviso to Sub-section (2) Section 2 of the Maharashtra Medical Practitioners Act. At the same time it is also made clear that they will not be entitled to practice as or claim to be medical practitioners, doctors etc. nor they are entitled to use any title, like Dr. or any abbreviations prefixing or suffixing their names which may indicate that they are Doctors or Medical Practitioners. If they violate the provisions of law, necessary action including prosecution may follow as per the provisions of Maharashtra Medical Practitioners Act, 1961.