MD ISTIYAQUE ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner for quashing the order dated 16.01.2016 passed by the learned Chief Judicial Magistrate, Purnea in K. Hat P.S. Case No.381 of 2015 by which the application of the petitioner for direction to unseal the clinic of the petitioner has been rejected.

(2.) K. Hat P.S. Case No.381 of 2015 was registered on the basis of written report submitted by the Civil Surgeon-cum-Chief Medical Officer, Purnea on 13.06.2015 alleging therein that an enquiry was carried out in the clinic of the petitioner on the basis of the complaint made by one Ajay Kumar Sah and it was found that the petitioner was practicing in all types of medicines including Allopathy. In his clinic ECG machine was also found. On his visiting card and prescription he had got printed degrees which were not obtained by him. On the basis of these imputations, the informant alleged that being a quack the petitioner was exploiting the innocent patients.

(3.) On the basis of the aforesaid allegations, a case was registered against the petitioner, inter alia, under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code (for short 'the IPC') as well as Section 17 of the Indian Medical Council Act and investigation was taken up. In course of investigation, the clinic of the petitioner was sealed by the police on 106.2015.