MOHAMMAD RAFIQ,J. - (1.) This petition has been filed by the petitioner seeking quashment of FIR No. 94/2016 registered at Police Station Buhana, District Jhunjhunu for offences under Sections 420 I.P.C. and Sections 15(2), 17(4) of Indian Medical Council Act, 1970 and Section 18 (C) of Drugs and Cosmetics Act, 1940.
(2.) Learned Public Prosecutor invited attention of the Court towards the fact that charge sheet has already been filed against the petitioner for offences under Sections 420 I.P.C. and Sections 15(2), 17(4) of Indian Medical Council Act, 1970 and Section 18 (C) of Drugs and Cosmetics Act, 1940. It is argued that the petitioner has obtained degree from Ayurvedic and Unani Chikitsa Padhdati Board, Himachal Pradesh and he is entitled to practise only in the State of Himachal Pradesh. It is contended that this issue has already been decided in favour of the petitioner by judgment dated 19.06.2000 passed by Judicial Magistrate, First Class, Khetri, in Criminal Case No. 11/1999. At that time also, charge sheet against the petitioner was filed on the same charges and the trial court acquitted him. The petitioner is entitled to practise anywhere.
(3.) Having regard to the fact that charge sheet has already been filed, this Court does not deem it appropriate to quash the aforesaid FIR, but set the petitioner at liberty to produce the copy of the aforesaid judgment dated 19.06.2000 passed by the Judicial Magistrate, First Class, Kehtri and also any other document which he wishes to rely in support of his arguments. Investigating officer before proceeding with the matter on merits examine whether or not on that basis any case is made out against the petitioner.;