Karnataka High Court

Smt. Sangeetha P. G vs State Of Karnataka on 24 June, 2022

Bench: M.Nagaprasanna

                            1



      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 24TH DAY OF JUNE, 2022

                         BEFORE

        THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

             CRIMINAL PETITION No.5625/2022

BETWEEN

SMT. SANGEETHA P.G.,
W/O PRASHANTH KUMAR N.J.,
AGED ABOUT 37 YEARS,
R/O NO.25, 10TH CROSS,
NEXT TO IYENGAR BAKERY,
1ST TEMPLE ROAD,
MALLESHWARAM,
BENGALURU - 560 003.
                                              ... PETITIONER

[BY SRI.BHARATH KUMAR V., ADVOCATE]

AND

1.    STATE OF KARNATAKA,
      THROUGH STATION HOUSE OFFICER,
      MALLESHWARAM POLICE STATION,
      BENGALURU.

      REPRESENTED BY
      LEARNED STATE PUBLIC PROSECUTOR,
      HON'BLE HIGH COURT OF KARNATAKA,
      DR. AMBEDKAR VEEDHI,
      BENGALURU - 560 001.

2.    THE REGISTRAR,
      KARNATAKA AYURVEDA AND
      UNANI PRACTITIONER'S BOARD,
                               2



     BRIGADE PLAZA,
     ANAND RAO CIRCLE,
     GANDHINAGAR,
     BENGALURU - 560 009.
                                               ... RESPONDENTS

[BY SRI.K.S.ABHIJITH, HCGP FOR R1]

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. PRAYING TO i. QUASH THE FIR NO.39/2020 REGISTERED
WITH THE RESPONDENT NO.1 POLICE STATION WHEREIN THE
PETITIONER HEREIN IS ARRAIGNED AS ACCUSED FOR THE
OFFENCE P/U/S 419 AND 420 OF IPC AND SECTION 19 OF THE
KARNATAKA PRIVATE MEDICAL ESTABLISHMENT ACT, 2007
(ANNEXURE - A).

     THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

The petitioner is before this Court calling in question

proceedings in Crime No.39/2020 registered for offences

punishable under Sections 419 and 420 of the IPC and Section

19 of the Karnataka Private Medical Establishment Act, 2000.

2. Both the learned counsel appearing for the petitioner

and the respondents, would in unison submit that the issue

stands covered by the judgment rendered by the Co-ordinate

Bench of this Court in Crl.P.No.8166/2015, disposed on

13.06.2019, which is followed by this Court in

Crl.P.No.100143/2022 disposed on 03.02.2022, wherein this

Court has held as follows:

"3. It is not in dispute that the said issue stands covered by the judgment rendered by the co-ordinate Bench of this Court in Crl.P.No.8166/2015, disposed of on 13.06.2019, wherein this Court has held as follows:

7. Section 3 of the Act requires prior registration to run any private medical establishment. The said provision reads as under :-

"3. Registration of Private Medical Establishments - On and after the appointed day, No Private Medical Establishment shall be established, run or maintained in the State except under and in accordance with the terms and conditions of registration granted under the Act.

Provided that a Private Medical Establishment in existence immediately prior to the appointed day shall apply for such registration within six months from the date of commencement of the

Karnataka Private Medical Establishments (Amendment( Act, 2012 and pending orders thereon may continue to run or maintain till the disposal of the application and shall comply with the provisions of this Act."

Section 7 of the Act deals with the procedure for disposal of application for registration of private medical establishment. Any person aggrieved by the order passed on the application submitted by him is required to approach the Registration and Grievance Redressal Authority.

Section 19 provides for penalties for violation of the provision of the Act. The Section reads as follows :-

"19. Penalties - (1) Where any person establishes, runs or maintains a Private Medical Establishment without registration granted under Section 7 he shall, on conviction, be punished with imprisonment for a term which may extend to three years and with fine which may extend upto one lakh rupees.

(2) When a person is convicted under sub- section (1), the Registration and Grievance Redressal Authority shall direct immediate closure of the un-

registered            Private            Medical
Establishment,        except         where     a

registration is cancelled or suspended and an appeal filed against such cancellation or suspension is pending.

(3) Every order made under sub-

section (1) shall contain a direction that the inpatients of such unregistered Private Medical Establishment shall be transferred to such other Private Medical Establishment as may be specified in that order and it shall also contain such other provisions as to the care and custody of such inpatients pending such transfer.

(4) Where any person runs or maintains a Private Medical Establishment in contravention of the conditions or registration or contravenes

the provisions of Section 12 or 13, or fails to comply with the direction issued under sub-section (2). he shall, on conviction, be punished with a fine which may extend to twenty five thousand rupees and in the case of a second or subsequent offence with a fine which may extend to fifty thousand rupees.

(5) Where a person contravenes any other provision of this Act or the rules made thereunder he shall, on conviction, be punishable with a fine which may extend to one lakh rupees.

(6) Notwithstanding anything contained in this Act, whoever makes any false and frivolous or vexatious punishable complaint by the under this Registration Act and shall be Grievance Redressal Authority with a fine which may extend to ten thousand rupees.

8. Section 19A of the Act debars the Court from taking cognizance of the offences committed

under the Act except on the written complaint by the Registration and Grievance Redressal Authority or any officer authorized in this behalf by the Registration and Grievance Redressal Authority. The Section is extracted here below :-

"19A. Cognizance of offence - No court shall take cognizance of offence under this Act except on a written complaint by the Registration and Grievance Redressal Authority or any officer authorized in this behalf by the Registration and Grievance Redressal Authority;

           Provided       that   nothing    in   this
     section shall prevent the             aggrieved

person to approach the competent court after exhausting the remedies available under this Act and in case the Registration and Grievance Redressal Authority or the authorized officer fails to make written complaint within thirty days from the date of application to make a complaint."

Though the stage of taking cognizance by the Court has not yet reached, yet, in view of the above provision, the jurisdiction of the police to investigate into the alleged violation of the provisions of the Act based on the information lodged by a private person has been impliedly barred. The Act contemplates prosecution of the offenders for the violation of the provisions of the Act only in the manner provided under Section 19A of the Act. When the Act contemplates a particular procedure, the police in exercise of their general powers under Criminal Procedure Code cannot usurp jurisdiction to register the case and investigate into the matter. Since the FIR in question is registered by the police contrary to Section 19A of the Act, the registration of the case and the consequent investigation thereon has to be held as illegal and hence, to act ex- debito justiae to do real and substantial justice and to prevent the police from abusing their powers and also to secure the ends of justice, it is necessary to exercise the inherent powers under Section 482 of Cr.P.C. to quash the impugned proceedings.

Accordingly, the petition is allowed. The prosecution initiated against the petitioners in Crime No.159/2015 for the alleged offences is quashed. Liberty is reserved to the Officer authorised under the Act to proceed against the petitioners for the alleged contraventions in accordance with law."

4. Later, this Court in Crl.P.No.936/2019, disposed of on 25.6.2019, has held as follows:

2. Sri.Aruna Shyam M., learned Advocate appearing for the petitioners submits that as per Section 19A of the Karnataka Private Medical Establishment Act, 2007, no Court shall take cognizance of the offence under the said Act except on written complaint by an authorized officer. Therefore, filing a complaint under Section 154 of Cr.P.C. is contrary to law.

3. The said submission on the position of law is not disputed by the learned High Court Government Pleader.

4. In the circumstances, this petition merits consideration and accordingly it is allowed. FIR No.82/2018 pending on the file of Addl. Chief Judge (Jr.Dn) and J.M.F.C Court, Sira and all further proceedings thereon are quashed, so far as petitioner is concerned.

5. As prayed for by the learned High Court Government Pleader, liberty is reserved to the State Government to initiate action, if they are so advised, in accordance with law.

5. In the light of the issues raised in the subject petition being identical to the one decided by the co-ordinate Benches of this Court (supra), the following:

ORDER i. The criminal petition is allowed. ii. The proceedings in Crime No.35/2020 of Kudithini Police Station, Ballari, pending on the file of V Addl. Civil Judge and JMFC Court, Ballari, stands quashed qua the petitioner.

iii. Liberty is reserved to the Officer authorized under the Act to proceed against the petitioner for the alleged contraventions in accordance with law."

3. In the light of the issue being covered by the

aforesaid judgment on all its fours, the petition stands disposed

with the following:

ORDER

i. Criminal Petition is allowed.

ii. Proceedings pending in Crime No.39/2020 of

Malleshwaram Police Station, Bengaluru, stand

quashed qua the petitioner.

iii. Liberty is reserved to the Officer authorized

under the Act to proceed against the petitioner

for the alleged contraventions in accordance

with law.