Kanagaraj v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2025

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL and Crl.M.P(MD)No. 1630 of 2025 Kanagaraj .. Petitioner Vs.

1. The Inspector of Police Ammayanaickanur Police Station Dindigul District

2. Dr.S.Vedaganalakshmi Vattara Medical Officer Development Government Primary Health Centre Ammayanaickanur, Dindigul District .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to call for the records relating to the First Information Report in Crime No.671 of 2020 dated 27.07.2020 on the file of the Inspector of Police, Ammayanaickanur Police Station, Dindigul District and quash the same as against the petitioner.

For Petitioner : Mr.P.Krishnsamy For Respondents : Mr.M.Sakthi Kumar No.1 Government Advocate(Crl.Side) No.2 : No appearance 1/5

ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No.671 of 2020 pending on the file of the first respondent police.

2. The case of the prosecution is that the petitioner herein was doing allopathy medical treatment to the local persons without having any valid certificate and license.

3. The learned counsel appearing for the petitioner would submit that the second respondent who is the defacto complainant in this case filed a false complaint against the petitioner alleging that he is doing allopathy medical practice without any licence and thereby a case in Crime No.671 of 2020 was registered for the offences under Sections 15(3), 25 of Medical Council Act and Section 420 of IPC. Infact this petitioner is a siddha practitioner and he had not given any allopathy treatment to any public, however a false complaint has lodged and based on the same, the First Information Report has been registered and even as per the First Information Report no offence is made out, hence the First Information Report is liable to be quashed.

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4. The learned Government Advocate(Crl.Side) appearing for the first respondent would submit that the petitioner is doing siddha practice and also doing allopathy medical treatment to the local persons without having qualification and valid certificate Therefore the second respondent lodged a complaint and based on the compliant given by the second respondent, the first respondent registered a case in Crime No.671 of 2020 was registered for the offences under Sections 15(3), 25 of Medical Council Act and Section 420 of IPC. Thereafter they conducted elaborate investigation and the investigation is pending and at this stage the prayer of the petitioner cannot be considered and hence the petition is liable to be dismissed.

5. Heard both sides and perused the materials available on record.

6. In this case based on the complaint given by the second respondent, the first respondent registered a case in Crime No.671 of 2020 for the offences under Sections 15(3), 25 of Medical Council Act and Section 420 of IPC and now the investigation is pending. As per the First Information Report and complaint there are some allegations as against the 3/5

petitioner to constitute the offence and now the case is under investigation and therefore it needs elaborate investigation. Therefore at this stage the case of the petitioner cannot be considered.

7. In view of the same, this Criminal Original Petition stands dismissed. Consequently connected miscellaneous petition stands closed. 01.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No aav To

1. The Inspector of Police Ammayanaickanur Police Station Dindigul District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL,J.

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