(1.) This Criminal Revision under Section 397/401 of Cr.P.C. has been filed against the order dated 7/6/2017 passed by the JMFC, Jobat, District Alirajpur in Criminal Case No.506/2017, by which the charge has been framed under Section 24 of the Ayurvigyan Parishad Adhiniyam, 1987 (in short "the Adhiniyam of 1987") and Section 420 of IPC.
(2.) Challenging the impugned order passed by the trial court, it is submitted by the counsel for the applicant that even if the entire prosecution allegations are accepted, then no offence under Section 24 of the Adhiniyam, 1987 is made out. It is further submitted that no offence under Section 420 of IPC would also be made out.
(3.) Per contra, it is submitted by the counsel for the State that according to the prosecution case, the complaint was made against the applicant that he is illegally running his clinic and is practicing on allopathy, although he is not holding the requisite degree and he is holding the degree of BHMS. Accordingly, a search was carried out in the clinic of applicant where apart from homeopathic medicines, 16 cartoons of allopathic medicines were also seized. The police after completing the investigation, filed the charge-sheet. It is further submitted that the applicant is not holding MBBS degree and in utter violation of Section 15 (2) of Medical Council Act, he was practicing on allopathy side and, therefore, the trial court did not commit any mistake in framing charge under Section 24 of the Adhiniyam, 1987 and under Section 420 of IPC.
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