LAWS(MAD)-2024-3-250

MOHAMMED MUSTAFA SHARIFF Vs. STATE

Decided On March 06, 2024
Mohammed Mustafa Shariff Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This Criminal Revision Petition has been filed seeking to set aside the order passed in Crl.M.P.No.7804 of 2024 in C.C.No.427 of 2015 dtd. 14/12/2023 pending on the file of the XV Metropolitan Magistrate Court, George Town, Chennai.

(2.) The petitioner, who was arrayed as Accused No.2 in C.C.No.427 of 2015, filed a petition under Sec. 315 of Cr.P.C. in Crl.M.P.No.7804 of 2023 to examine himself as defence witness. The trial Court, by order dtd. 14/12/2023, dismissed the same as devoid of merits. Hence, the petitioner preferred the present revision.

(3.) The contention of the learned counsel for petitioner is that the petitioner at the time of advancing arguments found that he failed to mark the subsequent registration certificate issued by Tamil Nadu Board of Indian Medicine (TNBIM) and came to know that he produced the temporary Registration Certificate originally issued at the time of enrollment in Certificate No.AU26950 by TNBIM. Since all the registration earlier done under the TNBIM was subsequently segregated for the doctors qualified under the integrated medicines (being combined study of Unani and Modern medicines), they were directed to register afresh. Thereafter, the petitioner on his registration of medical practitioner in TNBIM, again, he was issued Registration Certificate No.0030 dtd. 13/5/2016. This document is a vital document to prove that on a wrong premise the case has been proceeded against the petitioner by the respondent/Drugs Inspector. The trial Court giving reasons that the petition is devoid of merits is not proper, since the certificates are public documents issued by the statutory authorities.