SINGARAJ Vs. INSPECTOR OF POLICE, VANNIYAMPATTI AND ORS.

JUDGEMENT

(1.) This petition is filed by the accused to quash the criminal proceedings pending against him on the file of the learned Judicial Magistrate No.II, Srivilliputhur in C.C.No.25 of 2016. The petitioner herein is the sole accused in the said criminal prosecution.

(2.) The charge against the petitioner is that on 10/1/2015 at about 01.00 p.m., Senior Residential Medical Officer of Government Hospital at Srivilliputhur on the instruction of the Deputy Director, Medical Services, Virudhunagar, had inspected the premises of the petitioner and found that he was practicing allopathy medicine without proper qualification. Allopathy medicines were found in the premises and the same was seized. A written complaint was given by the Senior Residential Medical Officer to the respondent police narrating the above facts. On his compliant, the Sub-Inspector of Police, Vanniyampatti Police Station, has registered a case against the petitioner for the offence under Sec. 15(3) of the Indian Medical Council Act, 1956 and Ss. 336, 420 of IPC and taken up the investigation. On completion of the investigation, he has filed the final report before the learned Judicial Magistrate No.II, Srivilliputhur. The learned Magistrate prima facie being satisfied, has taken the final report on file assigning C.C.No.25 of 2016 and caused notice to the petitioner to subject him for trial.

(3.) The petitioner herein, being aggrieved, has approached this Court invoking Sec. 482 of Cr.P.C., to quash the criminal prosecution on the ground that the petitioner is a Ayurvedic Medical Practitioner, duly registered in the Tamil Nadu Board of Indian Medicine. He is also the proprietor of Sri Govinda Madhi Medicals licensed to sell allopathy medicine. He is competent to practice ayurvedic medicine. As a owner of the medical shop with a licence to sell allopathy medicine, possession of allopathy medicine is not an illegal act. The investigating Officer without proper investigation, has taken the complaint given by the Senior Residential Medical Officer as gospel truth and had filed the final report without any investigation. Likewise, the learned Magistrate without applying his mind had mechanically taken the final report on file and had caused notice.