BINOD SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE complainant-petitioner has preferred this revision application against the order dated 11/4/2002 passed by the learned Judicial Magistrate, Patna in complaint case no.1390C/2001 by which the complaint petition filed on behalf of the petitioner has been dismissed. THE complaint petition was filed by the petitioner against six homeopathic doctors for the offences punishable under Sections 420, 467, 468, 471, 506 and 120B of the I.P.C. alleging therein that the accused opposite parties in connivance with each other were running a fake homeopathic college in the name of G.D. Memorial Homeopathic Medical College and Hospital at Patna. An advertisement notice was published in the Hindustan daily newspaper on 16.07.2001 for admission in the aforesaid college. As per advertisement, the institute was recognized by the Central Council of Homeopathic, Govt. of India, New Delhi and was the extension centre of Rajasthan Vidyapeeth, a deemed University recognized by U.G.C., Ministry of Human Resources Department, Govt. of India.

(2.) IN the advertisement, location of the said college was not given for obtaining form, as admission centre, address of Shanker Homeo Hall, Kadamkuan had been given. IN fact, it was the clinic of Dr. Ramji Singh, who happens to be founder of the said institution. The petitioner purchased an admission form from Shanker Homeo Hall on payment of Rs.200/-only and it was told that the said homeopathic college was located at Ram Krishna Nagar, New Bye-pass Road, Patna. After purchasing the admission form, the complainant went there to make himself sure about the institution, but he found nothing except the house of Dr. Ramji Singh on the address given by the accused. INquiry about the said college was also made by the petitioner from the Secretariat and he was told that no homeopathic college was recognized by the Government of Bihar. It has been further alleged that the petitioner asked to refund the money of admission form, but it was denied. After inquiry, the complaint petition has been dismissed. No one appears on behalf of the petitioner. The learned counsel for the opposite parties is present.