THANGARAJ Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The criminal revision case has been filed against the order passed by the learned Judicial magistrate, Dharapuram, in C.M.P.No.5244 of 2016 in C.C.No.230 of 2016, dtd. 2/8/2017, dismissing the petition filed under Sec. 239 of Cr.P.C. seeking to discharge the petitioner herein.

(2.) The case of the petitioner is that he was charge sheeted along with the accused No.1, namely, his wife for offence under Sec. 15(3) of Indian Medical Council Act, 1956, and under Sec. 420 of IPC. FIR was registered against the first accused, namely, his wife and the petitioner herein being the second accused for running a clinic under the name of Beula Clinic at Chathiram and Dhasarapatti. According to the Police, both the accused were not registered medical practitioners and have not obtained any valid medical degree from the Authority concerned. After investigation, a final report was also filed by the police. At this stage, the present petition has been filed by the second accused, the petitioner herein, under Sec. 239 of Cr.P.C. seeking to discharge from the offences charged against him. The trial Court after adverting to the evidences and materials placed on record, had dismissed the petition stating that there was absolutely no substance in the petition filed by the petitioner herein and there are enough materials to establish the charge against the petitioner herein. In fact, while dismissing the petition, the trial Court has followed the principles laid down in judgment in the case of R.Anbalagan Vs. State in Crl.R.C.Nos.953 & 954 of 2012 dtd. 18/6/2013.

(3.) The trial Court has given reasons for rejection of the petition, which appears to be well founded and well considered one, both in terms of application of legal principles as well as the factual materials. The reasons, as set forth by the trial Court, could be appreciated and for the said purpose, the same is extracted hereunder: