Dr.P.Natarajan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.13202 of 2016 and CRL.MP.Nos.6789, 6790 of 2016 Dr.P.Natarajan ... Petitioner Vs 1.The Inspector of Police, Ammapettai Police Station, Salem Corporation, Salem District.

2.N.Vijaya Lakshmi, Joint Director of Health & Family Welfare, Salem District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C., to call for records in the FIR comprised in Crime No.673 of 2015 on the file of the learned Judicial MagistrateV, Salem, Salem District and quash the same. For Petitioners : Ms.L.Victoria Gowri For 1st Respondent : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This petition has been filed to quash the FIR in Crime No.673 of 2015 on the file of the learned Judicial MagistrateV, Salem, Salem District.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for the 1st respondent and perused the materials placed on record.

3. On the complaint lodged by the Joint Director of Health, Salem, the 1st respondent police have registered a case in Crime No.673 of 2015 on 21.12.2015 for the offences under Section 420 IPC and Section 15[iii] of Indian Medical Council Act, 1956. Challenging which, this quash petition has been filed.

4. Learned counsel for the petitioner placed strong reliance on the judgment of the learned Single Judge of this Court reported in Tamil Nadu Siddha Medical Graduates' Association Vs Indian Medical Association reported in 2011[2] CTC 203 and an unreported common judgment of this Court in Dr.S.Arockia Vargheese Vs The Sub Inspector of Police, Sudhamalli, Tirunelveli in Crl.O.P.[MD] Nos.11994 to 11996, 12179 and 12243 of 2010 and submitted that the petitioner is a qualified Siddha practitioner and therefore, the FIR against the petitioner is an abuse of process of law.

5. It is common knowledge that earlier, the Indian Medical Association were lodging police complaints against persons, who were allegedly practicing Allopathy, an alternative system of medicine and that apart, police were also registering suo-moto FIRs against such practitioners. In that context, the aforesaid cases were filed and this Court in Tamil Nadu Siddha Medical Graduates' Association Vs Indian Medical Association - 2011[2] CTC 203 held that, if the Indian Medical Association is aggrieved with the activities of a medical practitioner, it is open to them to lodge a complaint before the professional bodies of that system of medicine and not harass the practitioners.

Thereafter, the Government has issued several guidelines under which, a complaint can be lodged by an officer of the Director of Medical Health, after preliminary enquiry. Accordingly, in this case, the Joint Director of Health, Salem has inspected the premises of the petitioner along with a team of officers on 21.12.2015 and has seized certain Allopathy medicines, which were found in the premises and which were being dispensed by the petitioner.

6. Learned counsel for the petitioner submits that the petitioner is a qualified Siddha medical graduate and that, he is entitled to prescribe Allopathy medicines.

7. In the considered opinion of this Court, when the FIR prima facie discloses commission of cognizable offence, this Court cannot interfere under Section 482 Cr.P.C. However, the Investigating Officer is directed to look into all these aspects before filing the final report against the petitioner. With these observation, this petition stands dismissed. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

gya To 1.The Inspector of Police, Ammapettai Police Station, Salem Corporation, Salem District.

2.The Joint Director, Department of Health & Family Welfare, Salem District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Ms.L.Victoria Gowri, Advocate, S.R.No.35406 CRL.OP.No.13202 of 2016 RP(CO) CA(04/07/2016)