In a criminal appeal under Section 482 Cr.P.C., the High Court dismissed an application seeking to quash a pre-trial order refusing to discharge applicants accused of illegal medical practice. The Court held that allegations against them were not groundless at this stage.
Application dismissed summarily.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 64
Case :- APPLICATION U/S 482 No. - 11330 of 2023
Applicant :- Ram Babu And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
A supplementary affidavit has been filed today. It is taken on record.
Heard learned Counsel for the applicants and Mr. D.K. Srivastava, learned A.G.A. on behalf of the State.
This application has been filed seeking to quash the order dated 19.11.2022 passed by the Additional Chief Judicial Magistrate, Court No. 1, Kanpur Nagar in Case No. 348 of 2010, State v. Ram Kishore and others (arising out of Case Crime No. 170 of 2009), under Sections 419 and 420 I.P.C. and Section 15(3) of the Indian Medical Council Act, 1956, Police Station - Chaubepur, District - Kanpur Nagar.
The applicants have challenged the said order refusing to discharge them, passed under Section 239 Cr.P.C. The applicants have been charged with carrying on medical practice illegally. They are said to be quacks with no degree entitling them to practice medicine. Learned Counsel for the applicants has argued that the Additional Chief Judicial Magistrate, Court No. 1, Kanpur Nagar refused to discharge them on the ground that it is not possible to judge their defence at the stage of framing of charge.
Through the supplementary affidavit, learned Counsel for the applicants has attempted to place some documents to show that
indeed they are registered medical practitioners of some kind. What this Court finds is that none of the documents show them to be enrolled on any kind of a register of doctors or medical practitioners under any system maintained under the statute. They have annexed a copy of their Identity Cards issued by the Private Medical Practitioners Association of India, some kind of a body based in Lucknow. The said body is in no way conferred with authority to register medical practitioners by law. At this stage, it is difficult to hold that the charge against the applicants is groundless.
We, accordingly, affirm the impugned order and dismiss this application summarily.
Order Date :- 26.4.2023 Prashant D.
Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the charge of carrying on illegal medical practice is groundless at the stage of applying for discharge.
Whether the affidavits annexed establish enrollment on a statutory register of medical practitioners.
4 provisions across 3 enactments
Ram Babu And 2 Others
State of U.P. and Another
J.J. Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
