P.Rathinavel v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.10.2016

CORAM:

THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.16471 of 2010 & M.P. No.1 of 2010 P. Rathinavel Petitioner vs.

State represented by:

the Inspector of Police Erumpalai Police Station Salem District Respondent Criminal Original Petition filed under Section 482, Cr.P.C. seeking to call for the entire records in connection with the case in Crime No.207 of 2010 dated 11.06.2010 on the file of the respondent.

For petitioner Mr. S. Rajinikanth For respondent Mr. C. Emalias Addl. Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to call for the entire records in connection with the case in Crime No.207 of 2010 dated 11.06.2010 on the file of the respondent. Heard both sides.

On the complaint lodged by one Dr. M.K. Selvakalanjiyam, Joint Secretary, Indian Medical Association that the petitioner is practising Medicine even sans the necessary qualifications, the respondent police registered a case against the petitioner in Crime No.207 of 2010 on 11.06.2010 under Section 420 IPC read with Section 15(ii)(b) of the Indian Medical Council Act, 1956, challenging which, the petitioner is before this Court.

It is the case of the petitioner that he is a qualified Ayurveda doctor and in support of this contention, he has filed https://hcservices.ecourts.gov.in/hcservices/

a certificate bearing Registration No.BA 23347 that is said to have been issued by the Tamil Nadu Board of Indian Medicine, Madras. Similarly, it is also his contention that he is a qualified Siddha medical practitioner and in support of this contention, he has enclosed Certificate Number 09171 that is claimed to have been issued by the Tamil Nadu Siddha Medical Council, Chennai. Both these certificates have been enclosed at page nos.1 and 2 respectively of the typed set of papers When this matter was taken up on 28.09.2016, the learned Additional Public Prosecutor doubted the genuineness of the two certificates and sought time to verify their credibility and therefore, at his request, this matter was directed to be listed today.

Today, the Registrar, Tamil Nadu Board of Indian Medicine, Arumbakkam and the Registrar, Tamil Nadu Siddha Medical Council, Arumbakkam has filed reports before this Court stating that the aforesaid certificates bearing nos.BA 23347 and 09171 are bogus ones, inasmuch as they have not been issued by the Tamil Nadu Board of Indian Medicine.

In view of the above, this Criminal Original Petition is liable to be dismissed and is accordingly dismissed. Connected M.P. is closed.

The respondent police is directed to proceed further with the investigation in Crime No.207 of 2010 in accordance with law.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar cad To The Inspector of Police Erumpalai Police Station Salem District The Public Prosecutor Madras High Court Chennai 600 104 +1 cc to M/s.S.Rajanikanth and S.Sengodi Advocate sr 55538 Crl.O.P. No.16471 of 2010 mv(co) aa04/11/2016 https://hcservices.ecourts.gov.in/hcservices/