K.S.Selvaraj v. State By

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.19464 of 2010 & M.P. No.1 of 2010 K.S. Selvaraj Petitioner vs.

State by:

The Inspector of Police Mohanur Police Station Mohanur Namakkal District Crime No.528 of 2009 Respondent Criminal Original Petition filed under Section 482, Cr.P.C. seeking to call for FIR No.528 of 2009 dated 22.12.2009 on the file of the Mohanur Police Station, Namakkal District and quash the same.

For petitioner Mr. R. Marudhachalamurthy For respondent Mr. C. Emalias Addl. Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to call for FIR No.528 of 2009 dated 22.12.2009 on the file of the Mohanur Police Station, Namakkal District and quash the same. Heard both sides.

On the complaint lodged by one Sathyanarayanan, the Special Tahsildar-Civil Supplies that the petitioner is practising Medicine sans the necessary educational qualifications, the respondent police registered a case against the petitioner in Crime No.528 of 2009 on 22.12.2009 under Sections 419 and 420 IPC read with Section 15(3) of the Indian Medical Council Act and Section 109 IPC against one Selvaraj, challenging which, Selvaraj has preferred this Criminal Original Petition.

According to Selvaraj, he has the requisite educational qualification for practising Siddha medicine and in support of

this contention, he has filed certificate bearing Registration No.08799 purported to have been issued by the Tamil Nadu Siddha Medical Council, Chennai.

When this matter was taken up on 28.09.2016, the learned Additional Public Prosecutor doubted the genuineness of the petitioner's certificate and sought time to verify its 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, Chennai has filed reports before this Court stating that the aforesaid certificate bearing Registration No.08799 is a bogus one, inasmuch as it has not been issued by either of the said organisations. 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.528 of 2009 in accordance with law.

Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR cad To The Inspector of Police Mohanur Police Station Mohanur Namakkal District The Public Prosecutor Madras High Court Chennai 600 104 +1 c.c to M/S.R.MARUDHACHALAMURTHY, Advocate SR.NO. 57907 MMP 22.10.2016 Crl.O.P. No.19464 of 2010

05.10.2016