Y.K. SHARMA Vs. STATE OF MP

JUDGEMENT

(1.) THE petitioners have filed this application under section 482 CrPC for quashment of FIR registered at police station Dhamnod district Dhar (MP) in Crime No. 48/08 against the petitioners for the offence under section 3 read with 8 of Madhya Pradesh Upcharya Griha Tatha Rujopchar Sambandhi Sthapanaye (Registrikaran Tatha Anugyapan) Adhiniyam, 1973 (hereinafter referred to as "the Act of 1973") and consequential submission of charge sheet before the JMFC, Dharampuri district Dhar.

(2.) BRIEFLY stated the facts of the case are that the petitioners are the Directors of Vyankatesh Nursing Home and Research Centre, Dhamnod and doing medical practice in that nursing home. On some complaints, an Inquiry has been conducted by the SDM and found certain irregularities in the concerning nursing home. It is also found that concerning nursing home running by the petitioners is not having valid registration issued by the competent authority as per the Act of 1973. Therefore, the District Magistrate had lodged a complaint to the police for registration of the offence against the petitioners, on which basis, the police Dhamnod has registered a FIR against the petitioners at Crime No. 48/08 for the offence under section 3 read with 8 of the aforesaid Act of 1973 and after due investigation, charge sheet has been filed against the petitioners before the JMFC, Dharampuri district Dhar. The petitioners have challenged the aforesaid registration of the FIR as well as filing of the charge sheet against them for the aforesaid offence under section 3/8 of the Act concerned by this petition filed under section 482 of CrPC and prayed for quashment of the concerning criminal proceedings.

(3.) IT is submitted by counsel for the petitioners that under the Act of 1973, section 3 only provides for registration and licence to run a nursing home or a clinical establishment and if required registration has not been obtained by the concerning person for running a nursing home then penalty provided under section 8 of the Act and FIR has been registered only for the offence under section 3 and 8 of the Act concerned. It is submitted that the petitioners had already applied for grant of registration of the nursing home concerned but the registration authority, the Chief Medical and Health Officer, Dhar had refused to grant aforesaid registration to the petitioners for which the petitioners have preferred an appeal to the State Government and the competent appellate authority by order dated 11.7.2008 has set-aside the order passed by the Chief Medical and Health Officer, Dhar and further held that registration of a nursing home situated in a place having population of less then fifty thousand is not at all necessary under the Act of 1973, for which, necessary Gazette Notification is also produced by the petitioners published in the Official State Gazette on 1.8.1997 wherein the State Government has exempted for registration of a nursing home situated in a place having population less than fifty thousand. Therefore, in view of the aforesaid Gazette Notification of the Government of M.R, admittedly the petitioners' nursing home is situated at Dhamnod which is having population of less than fifty thousand. Therefore, no registration is required under section 3 of the Act concerned and in view of that also, no violation has been committed by the petitioners under the provisions of section 3 of the Act. Hence, it is submitted that registration of the FIR against the petitioners is totally baseless and illegal and hence prayed for its quashment.