DR ARVIND SAHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail, apprehending his arrest in connection with Crime No. 161/2020 registered at Police Station Sanjeevani Nagar, Jabalpur for the offence punishable under Sections 420 of IPC and Section 3 and 8 of MP Upcharyagriha Tatha Rujoparchar Sambandhi Sthapanaye.

(2.) The case of prosecution in short is that under the direction of chief medical officer Jabalpur, team of three members was constituted for conducting inquiry upon the medical practitioners who do not have requisite registration but advise prescription under allopathy treatment. On the basis of available complaint, the team inquired upon 13 medical practitioners and in this transaction, two complaint were received against the applicant. The notice has been given to the applicant to produce all necessary documents and it is found that the applicant was giving treatment under allopathy treatment without any valid authority.

(3.) Learned counsel for the applicant submits that the applicant is innocent person and has been falsely implicated in this case. He further submits that the applicant has placed every document before the Court below but none of it has been considered by the Court below while considering the bail application. He also submits that the inquiry officer failed to take note of the order passed by Government of India in this regard. No spot inspection was conducted by the authority and merely on the say of some unknown person, the FIR has been registered against the applicant. He further argued that the applicant is qualified person having B.A.M.S. degree and since beginning, he is practicing in Alternative System of Medicine, Electro Homeopathy. The applciant's Clinic is situated at Dhanmantry Nagar and duly registered. He also submits that the applicant has also made representation dated 20.05.2020 before the S.P. Jabalpur stating every aspect of his case and casual investigation adopted by the concerned police officials. No case is made out against the applicant/accused. With the aforesaid, he prays for allowing this bail application.