NAZEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was convicted by the trial court for the offences under Sections 417 and 420, IPC. He was sentenced to undergo simple imprisonment for one year for the offence under Section 417, IPC and to undergo simple imprisonment for two years for the offence under Section 420, IPC. The sentences were directed to run concurrently.

(2.) Heard the learned counsel appearing for the revision petitioner and the learned Public Prosecutor appearing for the respondent.

(3.) The prosecution case is briefly stated as follows: The petitioner, without possessing the required qualification and registration for practising as a dental doctor, practised for seven years as a dental doctor by running a clinic by name Baby Dental Clinic in a building owned by one Chandran situated on the northern side of Kilimanoor­Attingal Road at Puthiyakavu in Kilimanoor Village. PW1, a dental doctor, preferred a complaint against the petitioner with the Director of Vigilance, Thiruvananthapuram. That complaint reached PW4, the Sub Inspector of Police, Kilimanoor Police Station, for investigation. Accordingly, PW4 registered a case. Ext.P2 is the FIR thus drawn by PW4. PW4, after sending Ext.P3 Search Memorandum to the court, conducted a search at the clinic allegedly run by the petitioner and prepared Ext.P4 Search List. He had seized MOs. 1 to 5 instruments, apparatus etc. allegedly used by the petitioner for running the clinic. During the course of search, PW4 arrested the petitioner. PW4 produced the petitioner and the properties seized before the Judicial First Class Magistrate's Court -I, Attingal. After completing the investigation, PW4 submitted the Final Report before the court alleging the offences under Sections 417 and 420, IPC.