K. UMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petitioner has sought for quashing of the entire proceedings under Crime No. 5/2017 of the first respondent Police Station which is registered for the offences punishable under Section 19 of the Karnataka Private Medical Establishment Act, 2007 (henceforth for brevity referred to as 'K.P.M.E. Act') and under Section 420 of the Indian Penal Code (henceforth for brevity referred to as ' I.P.C .') .

(2.) The summary of the case of the prosecution is that, the complainant who is also said to be the Chairman of Karnataka Private Medical Establishments Committee, Ballari, while in his Office on 20.01.2016 at about 5 p.m., received a credible information that, two fake Doctors were running their clinic on Bangalore- Ballari road. He joined by the Member Secretary, Dr. Hanumanthappa, Taluka Health Officer, Sri Sridhar, Police Sub-Inspector of the Brucepet Police Station, Ballari, Sri Y.S. Hanumantappa, Police Sub Inspector of the first respondent Police and two panchas, proceeded to the spot in their official vehicle and went to the medical establishment said to have been run by the present petitioner under the name and style "Sridevi Clinic". The present petitioner was said to be present in the said clinic acting as a Doctor. He said to have produced his alleged certificate of registration shown to have been issued by the Council of Alternative System of Medicines. The Member Secretary who was in the team verified the same and submitted that the same is not a competent certificate to practice. The team also said to have noticed the presence of the medical instruments, stethoscope, B.P. apparatus and several of the drugs which was seized under a panchanama. Similarly, in the adjacent premises also one more similar medical establishment was visited by this team and noticed that it also being run by a fake Doctor. In that regard, the said Tahasildar lodged a complaint with the first respondent Police which was registered in Crime No. 5/2017 for the offences punishable under Section 19 of K.P.M.E. Act and Section 420 of I.P.C.

(3.) The respondents are being represented by learned High Court Government Pleader.