DINESH KUMAR Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The petitioner seeks the quashing of FIR (Annexure P-5) vide which he was booked under Sec. 420 Penal Code read with Sections 15(2) & 15(3) of the Indian Medical Council Act, 1956 on the ground that he was found practicing in allopathic medicines without holding any degree or diploma.

(2.) The petitioner has placed on file certificate (Annexure P-1) issued by the State Ayurvedic and Unani Medical Council, Bihar vide which he was registered as Vaidh under the Bihar Development of Ayurvedic and Unani System of Medicine Act, 1951 on 26.6.1998. The order of the Civil Surgeon dated 13.10.2005 (Annexure P-3) shows that the Civil Surgeon had informed the petitioner that as per the order of Supreme Court bearing Serial No. 2782, he was permitted to practise in Haryana. The matter has been examined by this Court in Uttam Kumar Dutta Vs. State of Haryana (Crl. Revision No. 1295 of 2001), decided on 9.9.2008 as well as Phul Singh v. State of Haryana, 1986(1) RCR (Crl.) 532, wherein this Court observed as under:-

(3.) The judgment was followed by this Court in Uttam Kumar Dutta's case (supra). In view of the said authoritative pronouncements of this Court as well as the permission granted by the Civil Surgeon, the FIR No. 313 dated 9.8.2013 under Sections 420 Penal Code read with Sections 15(2) & 15(3) of the Indian Medical Council Act, 1956, registered at Police Station Rewari City is nothing but misuse of the process of law and the same is accordingly quashed along with all the consequential proceedings arising therefrom.