AMITBHAI J PANCHAL Vs. MAHENDRABHAI SHANKARBHAI PATEL

JUDGEMENT

(1.) In all the matters, as common question arise for consideration, they are being considered by this common order.

(2.) The short facts of the case appears to be that the complaints have been filed by the original complainant respondent No.1 in the concerned matters being representative of North Gujarat Pathologist Association in the concerned Court of the Judicial Magistrate for the offence punishable under Section 30 and 33 of the Gujarat Medical Practitioner Act and for the offence punishable under Sections 465, 468 and 420 of IPC. The accusation made in the complaint is that the accused in the complaint are running pathological laboratories without holding requisite qualification and, therefore, the offence under Section 30 read with Section 33 of the Gujarat Medical Practitioner Act has been committed. The additional allegation in the complaint is that merely because the accused are holding certain qualification for laboratories technicians, the same is not sufficient to run pathological laboratory/centre and, therefore, the damage is being caused professionally to the complainant and the members of the association of the complainant and is also cheating the patients and the public at large and, therefore, the offences are committed under Sections 465, 468 and 420 of IPC. It appears that the learned Magistrate directed for investigation of the complaint under Section 156(3) of Cr.P.C. Under these circumstances, the present petitions for quashing of the complaints concerned in the respect petitions.

(3.) Heard Mr.B.P. Tanna, learned Counsel appearing with Mr.Bhatt, learned Counsel for the petitioners, Mr.Saiyed, learned Counsel for original complainant and Mr.K.P. Raval, learned APP for the respondent State and Police Officers.