JESTINE Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. is preferred by the accused in Crime No.614/2014 of Kannamaly police station for offences punishable under Section 420 IPC read with Section 34 IPC and Section 57 of the Travancore Cochin Medical Practitioners Act 1953 (hereinafter referred to as the "TC Act").

(2.) The first petitioner claims himself to be an Acupuncture Consultant with several decades practise in that field. It was further claimed that he had obtained a diploma in acupuncture from the Institute of Acupuncture therapy and is also a Diploma Holder in Acupuncture therapy from the Open International University of Complementary Medicines. He used to conduct acupuncture awareness medical camps at various places and had conducted acupuncture consultancy to spread awareness about the food supplements which were claimed to be useful in combating various kinds of diseases. The second petitioner claims to be a social worker and a career trainer. The 3rd petitioner is a house wife cum social worker.

(3.) According to the prosecution, on 3/9/2014, when accused were conducting a camp at a house, the police, on getting information intercepted. After verifying the certificates, the first petitioner was taken into custody. The bottles which they carried were also seized. Crime was registered and after investigation, final report was laid for various offences mentioned above. The petitioners seek to quash the entire proceedings contending that the first petitioner is a qualified medical practitioner, who is competent to perform acupuncture consultancy, treatment and awareness camps. Hence,they are not governed by the provisions of the Travancore Cochin Medical Practitioners Act 1953 and have not committed any offence.