C.Sivarajan vs The State Of Kerala
2021 Latest Caselaw 8103 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

            THE HONOURABLE MR.JUSTICE V.G.ARUN

TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

                 Crl.MC.No.881 OF 2021(A)

 CC 1884/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
                     NEYYATTINKARA

     CRIME NO.923/2012 OF Vizhinjam Police Station ,
                    Thiruvananthapuram


PETITIONER/S:

           C.SIVARAJAN
           AGED 63 YEARS
           LALITHA BHAVAN, MUKKAMPALA MOODU, NARUVAMOODU
           P. O., THIRUVANANTHAPURAM DISTRICT, PIN CODE -
           695 528.

           BY ADVS.
           SRI.P.K.MANOJKUMAR
           SMT.SMITHA S.PILLAI
           SMT.ALICE THOMAS

RESPONDENT/S:

     1     THE STATE OF KERALA
           REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
           COURT OF KERALA, ERNAKULAM, PIN - 682 031.

     2     THE CIRCLE INSPECTOR OF POLICE
           VIZHINJAM, THIRUVANANTHAPURAM, PIN - 695 521.


OTHER PRESENT:

           SRI.C.S.HRITHWICK,SENIOR PUBLIC PROSECUTOR

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 09.03.2021, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 Crl.M.C. No. 881 of 2021

                                    -2-



                                   ORDER

Dated this the 08th day of March, 2021

This Crl.M.C is filed seeking to quash

further proceedings in C.C.No.1884 of 2013 of the

Judicial First Class Magistrate Court-II,

Neyyattinkara, which originated from Crime No.923

of 2012 registered at the Vizhinjam Police

Station for offences punishable under Section 420

of IPC and Section 38 of the Travancore Cochin

Medical Practitioners Act, 1953. The petitioner

relies on the judgments of this Court in W.P.(C)

Nos.38215 of 2008 and 28624 of 2006 whereby the

Government was directed to consider the

representation filed by the petitioner and

identically situated persons, who, have been

practicing in Indian System of Medicine for the

past many years, without the requisite medical Crl.M.C. No. 881 of 2021

degree. The learned Counsel for the petitioner

places particular emphasis on the last sentence

in Annexure A5 order of this Court, directing

that, the petitioners should not be subjected to

unnecessary harrasments.

2. Learned Public Prosecutor relies on the

statements of the charge witnesses to contend

that, not only has the petitioner been practicing

in the Indian system of medicine, but has been

impersonating as a Doctor. The learned Counsel

for the petitioner stoutly opposed the contention

and submitted that the petitioner had never

pretended or claimed to be a Doctor and had not

prescribed medicines or adviced treatment as a

Doctor.

3. Having heard the learned Counsel for the

petitioner and the learned Public Prosecutor, I

am of the considered opinion that the dispute as Crl.M.C. No. 881 of 2021

to whether the petitioner had acted as a Doctor

cannot be resolved in a proceeding under Section

482 of Cr.P.C.

4. Learned Counsel for the petitioner

submits that the prosecution having failed to

substantiate its allegation with the support of

cogent and acceptable evidence, the petitioner

may be permitted to move an application for

discharge before the trial court. I consider the

request to be reasonable.

In the result, the Crl.MC is closed,

reserving the petitioner's liberty to seek

discharge before the jurisdictional court and to

raise all contentions, including those raised in

this Crl.M.C, before that Court.

sd/-

V.G.ARUN JUDGE Scl/09.03.2021 Crl.M.C. No. 881 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 THE PHOTOSTAT COPY OF THE FIR IN CRIME NO.923/2012 OF VIZHINJAM POLICE STATION.

ANNEXURE A2 THE PHOTOSTAT COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN CRL. MA NO.5673/2013 IN CRL. MC NO.2919 OF 2013.

ANNEXURE A3 THE CERTIFIED COPY OF THE FINAL REPORT ALONG WITH THE STATEMENT OF WITNESSES SUBMITTED BY THE POLICE BEFORE THE JFCM II, NEYYATTINKARA.

ANNEXURE A4 THE PHOTOSTAT COPY OF THE JUDGMENT DATED 16.07.2012 OF THE HON'BLE HIGH COURT IN WRIT PETITION NO.38215/2008.

ANNEXURE A5 THE PHOTOSTAT COPY OF THE ORDER OF THE HON'BLE HIGH COURT DATED 30.07.2012 IN I.A.NO.10382/2012 W.P.(C) NO.38215/2008.

ANNEXURE A6 THE PHOTOSTAT COPY OF THE INFORMATION RECEIVED BY THE PETITIONER FROM THE OFFICE OF THE DRUGS CONTROLLER UNDER THE RIGHT TO INFORMATION ACT TO THE EFFECT THAT THE MEDICINE NIMESULIDE IS NOT BANNED BY THE GOVERNMENT OF INDIA UNDER SECTION 26 OF THE DRUGS AND COSMETICS ACT 1940.

ANNEXURE A7 THE PHOTOSTAT COPY OF THE REPORT GIVEN FROM THE OFFICE FROM THE DRUGS CONTROLLER TO THE SUB -INSPECTOR OF POLICE WITH REGARD TO THE DRUGS Crl.M.C. No. 881 of 2021

NIMUSULIDE AND DIAZEPAM.

ANNEXURE A8 THE PHOTOSTAT COPY OF THE LETTER SUBMITTED BY DOCTOR V.V.EASWAR TO THE SUB INSPECTOR OF POLICE VIZHINJAM ON 01.03.2013.

ANNEXURE A9 THE PHOTOSTAT COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN CRL MC NO.2919/2013 DOWNLOADED FROM THE WEBSITE OF THE HON'BLE HIGH COURT.