SALLYANN C HOOL Vs. TAMIL NADU MEDICAL COUNCIL

JUDGEMENT

(1.) Criminal M. P. No. 11722 of 1987 is filed by the accused in C. C. No.7307 of 1987 on the file of the XVIII Metropolitan Magistrate, Saidapet, Madras. Cd. M.P. No. 11725 of 1987 is filed by the accused in C.C. No. 7308 of 1987 on the file of the XVIII Metropolitan Magistrate, Saidapet, Madras, C.C. Nos. 7307 and 1308 of 1987 have been filed by the respondent complainant (Tamil Nadu Medical Council). The petitioners have filed the petitions under S. 482, cr1. P.C., praying to call for the records in both the cases and quash the proceedings.

(2.) The petitioner in Cr1 M.P. No. 11722 of 1987 is a citizen of United States of America and she is a qualified doctor and Speciali8t in Gynecology and obstetrics. She is a registered Medical Practitioner in U.S.A. She came to India with a United States of America passport after obtaining the requisite visa and permission from the Government of India under 5. 14 of the Indian Medical Council Act, 1956 to practice medicine in India. She is employed in the Salvation Army Catherine Booth Hospital, Negercoil, in the Department of Obstetrics and Gynecology, and she is a lecturer and Trainer in Midwifery and Nurses and M.B.B.S, doctors associated with family planning project and community health project.

(3.) The Government of India passed an order dated 16th March, 1984 under 5. 14 of the Indian Medical Council Act, 1956, permitting her to practice medicine for the purpose of charitable works, for a period of two years at the Salvation Army Catherine Booth Hospital, Nagercoil On 18th February, 1986 an application was sent for extension of the registration to continue to work in the same hospital and the Under Secretary to the Government of India wrote to the Administrator, Salvation Army, Catherine Booth Hospital, stating that the question of extension of permission to practice medicine had been taken up with the Medical Council of India and further communication would follow in due course. According to the petitioner the Government of India is likely to extend the permission for further period. While so, the respondent has filed the complaint before the XVIII Metropolitan magistrate, Saidapet, Madras, in C.C. No. 7307 of 1987 under Ss. 15 (2)(b) and 15 (3) of the Indian Medical Council Act. According to the petitioner the said complaint filed against her is unsustainable and is liable to be quashed.