MAHIBUL HOQUE @ MOHIBUL HOQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N.J. Dutta, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P., Assam appearing on behalf of the State respondent No.1 and Ms. M. Bhuyan, learned counsel for the respondent No.2.

(2.) This application under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been filed by the petitioner, namely, Mahibul Hoque @ Mohibul Hoque, praying for quashing of the impugned charge sheet No. 201/2024, dtd. 27/8/2024, arising out of Hojai P.S. Case No. 88/2024, under Sec. 419/468/471/34 of the Indian Penal Code and also quash the subsequent criminal proceeding in PRC Case No. 1117/2024 pending before the Court of the learned Chief Judicial Magistrate, Hojai, Assam.

(3.) It is submitted by Mr. Dutta, the learned counsel for the petitioner that in the present case the basic allegation of the prosecution is that the present petitioner along with some others are practicing as Dentist without having the requisite qualification or degree. During the course of investigation, the present petitioner got arrested in connection with this case and he was produced before the learned Chief Judicial Magistrate, Hojai. He further submitted that from the ground of arrest, it is also seen that various prescriptions and two numbers of seals have been seized from the possession of the present petitioner and some prescriptions prescribed to the patients have been recovered from the informant side. That apart, it is also alleged that during the investigation, it is learnt that the minimum qualification required to practice as a Dentist is the Bachelor of Dental Surgery (BDS) from any recognized University but after arrest of the present accused petitioner, it has come to the knowledge, while serving notice under Sec. 91 of the CrPC that no eligible degree is possessed by the present petitioner and he is a fake Dentist and thus, cheated many people by practicing as Dental Surgeon, which also caused injuries to a large number of patients. But it is submitted by the learned counsel for the petitioner that the present petitioner is not a Dentist and he never practiced as a Dental Surgeon, rather he is a Dental Mechanic and had obtained his degree from the Sardar Patel Post Graduate Institute of Dental and Medical Science, Lucknow wherefrom he got the Diploma in Dental Mechanics Course. The present petitioner never practiced or issued any prescription etc. showing him as Dental Surgeon or Dentist.