Karnataka High Court
Dr. Ashoka Ramrao Kulkarni vs State Of Karnataka on 21 September, 2023
Bench: M.Nagaprasannapresided Bymnpj
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NC: 2023:KHC-D:10986
CRL.P No. 104299 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 104299 OF 2022
BETWEEN:
DR. ASHOKA RAMRAO KULKARNI,
AGE. 56 YEARS, OCC. DOCTOR,
R/O. RAGHAVENDRA KRUPA,
CTS NO. 123/25B, KALYAN NAGAR,
1ST CROSS, NEAR RAILWAY STATION,
DHARWAD-580007.
... PETITIONER
(BY SRI. R.M. JAVED FOR
SRI. RAMAKRISHNA S. HEGDE, ADVOCATE)
AND:
STATE OF KARNATAKA,
THROUGH DRUG INSPECTOR-2,
DHARWAD CIRCLE, HUBLI-580001,
VISHAL R/BY SPP HIGH COURT OF KARNATAKA,
DHARWAD-580011.
NINGAPPA ... RESPONDENT
PATTIHAL (BY SRI. MADANMOHAN M. KHANNUR, AGA)
Digitally signed by THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
VISHAL NINGAPPA SEEKING TO QUASH THE ENTIRE PROCEEDINGS INSTITUTED
PATTIHAL AGAINST THE PETITIONER/ACCUSED PENDING FILE BEFORE III
Date: 2023.09.22 ADDL. SENIOR CIVIL JUDGE AND CJM, DHARWAD IN CC
10:52:18 +0530 NO.924/2018 FOR THE ALLEGED OFFENCES PUNISHABLE U/SEC.
18(c) 18A AND 22(1) (cca) OF THE DRUGS AND COSMETICS ACT
1940 AND RULE 1945 U/SEC. 27(b)(ii), 28 AND 22(3) OF THE DRUGS
AND COSMETICS ACT, 1940.IA NO. 01/2023 FOR DISPENSATION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.P No. 104299 of 2022
ORDER
1. The petitioner is before this Court calling in
question the proceedings in C.C. No.924/2018 registered
for the offences punishable under Sections 18(c), 18A and
22(1)(cca) of the Drugs and Cosmetics Act, 1940 and Rule
1945 under Section 27(b)(ii), 28 and 22(3) of the Drugs
and Cosmetics Act, 1940.
2. Learned counsel for the petitioner submits that
the issue in the lis stands covered by the judgment
rendered by this Court in the case of
Dr.G.V.Devendrappa vs. The State of Karnataka and
another in Crl.P. No.1359/2019, disposed off on
11.01.2022, wherein the identical issues have been raised
and have been answered in favour of the petitioner
therein. This Court has held as follows:
"The 2nd respondent lodged the first
information report alleging that the petitioner
was practicing Ayurvedic medicine without
obtaining permission from the competent
Authority and also without required
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CRL.P No. 104299 of 2022
qualification and further he was found
administering with intravenous fluid on a
patient. It was further alleged that the
petitioner is duping public claiming that he is
qualified to practice Ayurvedic medicine. The
jurisdictional Magistrate registered the case
against the petitioner for the offence
punishable under Section 420 of IPC and
Section 15(3) of the Indian Medical Council
Act, 1956. The police after investigation filed
the charge sheet against the petitioner for the
offence alleged in the first information report.
Hence, this petition.
2. Learned counsel for the petitioner
would submit that the petitioner has got valid
degree and has practiced in other States and
eligible and qualified to practice Ayurvedic
medicine. Hence, he submits that the
impugned charge sheet lodged against the
petitioner may be quashed.
3. Learned High Court Government
Pleader appearing for the State would submit
that the police conducted raid on the clinic
belonging to the petitioner and seized the
aliopathic medicines and the petitioner was
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CRL.P No. 104299 of 2022
found administering with intravenous fluid on a
patient. He further submits that the petitioner
has not registered himself with the competent
Authority in the state of Karnataka and not
obtained permission for practicing Ayurvedic
medicine. Hence, the charge sheet filed against
the petitioner is in conformity with the
provisions of the Indian Penal Code and Indian
Medical Council Act, 1970.
4. I have considered the submissions
made by the learned counsel for the parties.
5. The charge sheet is filed against the
petitioner alleging that the petitioner was in
possession of some allopathic medicines and
he was found administering with intravenous
fluid. However, the police have not examined
the patient alleged to have been administered
with intravenous fluid. Hence, the charge sheet
filed against the petitioner alleging that the
petitioner was in possession of allopathic
medicines and he was found administering with
intravenous fluid on a patient is not sustainable
in law.
6. Admittedly, the petitioner is in
possession of a degree to practice Ayurvedic
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CRL.P No. 104299 of 2022
medicine. Though the degree was obtained out
side the State, merely because the petitioner
has not registered with the Karnataka
Ayurvedic and Unani Practitioners Board, it
cannot be said that the petitioner is not eligible
and qualified to practice Ayurvedic medicine. A
co-ordinate Bench of this Court in WP
No.33635/2014 (DD 12.12.2014) filed by the
petitioner has held that the resolution passed
by the Karnataka Council that the degree
obtained out side the State of Karnataka would
not be registered by them is without any
justification and the petitioner herein is entitled
to practice in Karnataka by registering himself
with the said Council. Hence, the charge sheet
filed against the petitioner for the
offence punishable under Section 420 of IPC
and Section 15(3) of the Indian Medical Council
Act, 1956 is not sustainable in law.
Accordingly, I pass the following:"
3. Learned AGA would not dispute the position of
law as is observed in the aforesaid case referred supra.
4. Therefore, for the reasons rendered therein, the
subject petition also deserves to be succeed.
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CRL.P No. 104299 of 2022
5. For the aforesaid reasons, the following:
ORDER
(i) The petition is allowed.
(ii) The impugned proceedings in C.C.
No.924/2018 pending on the file of III
Addl. Senior Civil Judge and CJM, Dharwad
stands quashed.
Sd/-
JUDGE
Rsh / ct:bck
