ANEEF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Taluk Health Officer, Ballari Taluk filed a complaint on 23/9/2022 alleging that the petitioner claiming as Doctor was practicing as allopathy medicine without registration. The Police registered the FIR for the offence punishable under Sec. 19(1) of the Karnataka Private Medical Establishment Act, 2007 and Sec. 420 of IPC. Taking exception to the same, the petitioner accused is before this Court.

(2.) Learned counsel for the petitioner submits that Sec. 19A of the Act specifies that no court shall take cognizance of the offence under this Act except on a written complaint by the authorized officer. Hence he submits that the registration of the FIR for the offence under Sec. 19(1) of the Karnataka Private Medical Establishment Act, 2007 and Sec. 420 of IPC is one without authority of law.

(3.) On the other hand, the learned HCGP appearing for the respondent-State submits that the petitioner having practiced allopathy medicine without registration has committed the aforesaid offence and the Police have rightly registered the FIR for the aforesaid offences and the same does not warrant interference.