R. Mala, J. - (1.) THE petitioner has come forward with this petition seeking to quash the F.I.R. in Crime No. 21 of 2015 on the file of the respondent police for the offences under Section 14(c) IPC of Indian Medical Council Act, 1956, stating that without obtaining any certificate or licence, he is practising medical profession. To controvert the same, the petitioner herein has annexed along with the petition a copy of the Homoeopathy Medical Registration Certificate dated 14.03.2001 to show that he is a registered Homeopathy Medical practitioner. It is stated by the petitioner that there is no averment in the F.I.R with regard to his practising in allopathy medicine and except the complainant, who is the Inspector of Police, no person has alleged that he took treatment in the allopathy. On these grounds, the petitioner seeks quashment of the FIR.
(2.) IN support of his contention, the learned Counsel appearing for the petitioner relied upon the decision in the case of Tamil Nadu Siddha Medical Graduates' Association rep. by its President, 354, 19th Cross Street, NSK Nagar, Chennai -600 106 v. Letika Saran, I.P.S., The Director General of Police (Law and Order) Kamarajar Road, Mylapore, Chennai -600 004 reported in : 2010(4) CTC 798, and another decision reported in, CDJ 2010 MHC 6560 and prayed for quashing the FIR. Resisting the same, the learned Government Advocate appearing for the respondent submitted in the counter that the case has been registered against him under Section 14(c) of the Indian Medical Council Act, since the petitioner is not a qualified practitioner in Allopathic Medicine. On receiving the information, the respondent Police had visited the premises of the petitioner and found that the petitioner was prescribing Allopathic medicines to some of his patients, which was seized under the seizure magazar.
(3.) ON a perusal of the counter, it is seen that the respondent police have not filed any relevant papers to prove as to which disease, the petitioner was prescribing Allopathy medicines and more over, the person, who was alleged to be treated by the petitioner, has not been examined by the respondent police.;