Madras High Court
Dr.Jehi @ Jehi G.Dhas vs The State Represented By on 28 June, 2023
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date of Reservation : 28/06/2023
Date of Pronouncement : 19/07/2023
CORAM:
THE HON'BLE MR JUSTICE G.ILANGOVAN
Crl.OP(MD)No.22383 of 2023
and
Crl.MP(MD)Nos.15818 of 2022 and 5404 of 2023
Dr.Jehi @ Jehi G.Dhas : Petitioner/Sole Accused
Vs.
1.The State represented by
Sub Inspector of Police,
Kotticode Police Station,
Kanyakumari District. : R1/Complainant
2.J.John Britto,
Joint Director of Health Services,
Nagercoil,
Kanyakumari District. : R2/De-facto Complainant
Prayer: Criminal Original Petition has been filed
under section 482 of the Criminal Procedure Code, to call
for the records in CC No.317 of 2022 in the Final Report
No.FR.40 of 2021 in Crime No.207 of 2020 on the file of
the Judicial Magistrte No.1, Padmanabhapuram, Kanyakumari
District, quash the same.
https://www.mhc.tn.gov.in/judis
2
For Petitioner : Mr.M.Ajmal Khan
Senior Counsel
for M/s.Ajmal Associates
For 1st Respondent : Mr.S.Manikandan
Government Advocate
(Criminal side)
For 2nd Respondent : No appearance
O R D E R
This criminal original petition has been filed
seeking quashment of the case in CC No.317 of 2022 in
Final Report No.FR.40/2021 in Crime No.207 of 2020 on the
file of the Judicial Magistrate No.1, Padmanabhapuram,
Kanyakumari District.
2.The case of the prosecution in brief:-
The de-facto complainant, who was working as Joint
Director of Medical, Rural Health Service, Kanyakumari
district made a search, on 07/10/2000 at about 12.45 pm,
along with his team members in Sapphire Hospital,
Verkilambi, Kanyakumari District. At that time, they
found the accused practising Allopathy medicine. On
enquiry, it was found that he was only registered BHMS.
He is entitled to practise only Homeopathy and not
https://www.mhc.tn.gov.in/judis
allopathy. At that time of inspection, one Crystal Jansi
was also found practising. On enquiry, she revealed that
she has studied DMLT. Stating that they are competent to
practise allopathy medicine, they treated the patients.
On the basis of the above said inspection and enquiry, he
lodged a complaint. Upon which, a case was registered in
Crime No.207 of 2020 for the offence under section 15(3)
of the Indian Medical Council Act, 1956. After completing
the investigation, they filed final report and it was
taken cognizance in CC No.317 of 2022 by the Judicial
Magistrate No.1, Padmanabhapuram, Kanyakumari District.
3.Seeking quashment of the same, this petition has
been filed by the petitioner mainly on the ground of
precedent in form of various orders in similar situation
passed by this court. The second ground is that even as
per the Government of Tamil Nadu notification, registered
medical practitioner under various categories were
permitted to practise allopathy medicine also.
4.Heard both sides.
https://www.mhc.tn.gov.in/judis
5.The issue has come up before this court for more
than one occasions as mentioned above. The first one is
in the case of Tamil Nadu Sidha Medical Graduates
Association, rep by its President Vs. Letika Saran
(2010(4) CTC 798, it was uniformly followed in subsequent
cases. Similarly, the Central Council of Indian Medicine
Institution, New Delhi, has issued a notification in
F.No.28-5/2014-A7(MM), dated 19.05.2004 by which the
qualified Medical Practitioners of Ayurveda, Siddha,
Homeopathy and Unani are eligible to practice in the
respective systems with modern scientific medicine
including Surgery and Gynecology as stated above.
Similarly, the Government in a letter No.
22715/IM-11-2/2010, dated 15.06.2010, issued directions
to the police officers, who indulged in registering a
case and arrested the Indian Medical practitioners. The
same notification was also extended to Homeopathy Medical
practitioners in letter No.22715/IM/ 2(2)/2010-4, dated
16.06.2010. So, as per the notification, the police have
no right to interfere into the practice of the Medical
Practitioner practice. Similarly, the Director General of
Police (DGP), Chennai, has also issued a Memorandum,
dated 19.06.2010 to the police not intervene into the
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Medical Practitioners' practise under Indian Medicine
Category.
6.While pointing out this precedent as well as the
circular, this court has opined that in spite of repeated
circulars, orders, notifications as well as the judgment
of this court, continuous activities have been undertaken
by the authorities in registering the complaint stating
that they have violated section 15(3) of the Indian
Medical Council Act, 1956.
7.Since uniformity has been maintained by this
court, while dealing with those subjects, I am of the
considered view that nothing more is to be discussed in
this matter, which will be duplication or repetition of
the orders and observations.
8.In view of the above said settled position of
uniformity, the final report filed against the petitioner
is liable to be quashed.
9.In the result, this criminal original petition
stands allowed. The case in CC No.317 of 2022 in Final
https://www.mhc.tn.gov.in/judis
Report in FR-40/2012 in Crime No.207 of 2020 on the file
of the Judicial Magistrate No.1, Padmanabhapuram,
Kanyakumari District is hereby quashed against the
petitioner. Consequently, connected Miscellaneous
Petitions are closed.
19/07/2023
Index:Yes/No
Internet:Yes/No
er
To,
1.The Judicial Magistrate No.1,
Padmanabhapuram,
Kanyakumari District.
2.The Inspector of Police,
Kotticode Police Station,
Kanyakumari District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
G.ILANGOVAN, J
er
Crl.OP(MD)No.22383 of 2022
19.07.2023
https://www.mhc.tn.gov.in/judis
