The High Court · 2025

THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA OF This Criminal Petition is filed by the petitioner-accused seeking to quash the proceedings against him in Crime No.300 of 2025 on the file of Sadasivpet Police Station, Sangareddy District, registered for the offences under Sections 318 and 319 of the Bharatiya Nyaya Sanhita ,2023 (for short 'BNS'), Section 20(ii) read wllh 22 of Telangana Medical Practitioners Registration (for short 'TMPR') Act,1968 and Section 34 read with 54 of National Medical Commission Act, 2019 (for short'NMCA').

2. The case of the prosecution is that the petitioner is a registered Homeopathy Medical Practitioner vrde Registration No.287lHt2O17. lt is alleged that the petitioner is practicing Allopathy medicine, though he is qualified in BHMS and that the said act of practicing allopathy medicine attracts the offences under Sections 419 and 42O of IPC and Section 15(2) of the lndian Medical Council Act.

3. Heard the submissions of Sri T. Srujan Kumar Reddy, learned counsel for the petitioner, Sri Sama Sandeep Reddy, learned Standing Counsel for TMC for respondent No.2 and Sri Jithender 2 /-" ETD,J Crl.P.No.987l of 2025 Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1 - State

4. Learned counsel for the petitioner has submitted :that the allegations faced by the petitioner are that though he is a qualified Doctor in Homeopathy, he is prescribing the medicines under Allopathy. He referred to the order, dated 02.09.2025, of the Co- ordinate Bench in criminal Petition No.766 8 of 2025 and Batch wherein the Co-ordinate Bench has quashed the proceedings against the petitioners therein.

5. The learned Standing Counsel for TMC has argued that a person who is quatified in Homeopahty, cannot prescribe the medicines under Allopathy and that it is a clear violation of the regutations and is punishable for the offences under sections 318 and 319 of BNS, Section 20(ii) read with 22 of the TMPR Act and Section 34 read with 54 of the NMCA. He therefore, prayed to dismiss the Criminal Petition.

6. Perused the record.

7. Since the offences alleged are under Sections 318 and 319 of BNS, Section 20(ii) read with 22 of TMPR Act and Section 34 read 3 ETD,J Crl.P.No.987l of2025 with 54 of NMCA, the said Sections are pertinent to be referred in this context:- Sections 318 and 319 of BNS: '318. Cheating - (1) Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or properg, is said to cheat. (2) Whoever cheats shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. (3) \A/hoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. (4) Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

319. Cheating by personation - (1) A person is said to cheat by personation if he cheats by pretending to be some other person, or by knowingly substituting one person for or another, or representing that he or any other person is a person other than he or such other person really is. ) 4 i ETD,J Crl.P.No.987l of2025 (2) Whoever cheats by personation shall be punished with imprisonment of either description for a term yvhich may extend to five years, or with fine, or with both." Section 20(ii) and 22 of TMpR Act: "20. Notwithstanding anything to the contrary in any other law for the time being in force,- (i) (ii) no person other than a registered practitioner shall, with effect from such date as may be specified by the Government by notification in this behalf, practice the modern scientific medicine or hold himself out, whether directty or by implication as practicing or as being prepared to so practice;

22. Whoever contravenes the provisions of clauie(ii) of Section 20 shall be punishable on first conviction with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both, and on any subsequent, conviction with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both." Sections 34 and 54 of NMCA: "34. Bar to practice - (1) No person other than a person who is enrolled in the State Registrar or the National Register, as the case may be, shill- (a) be allowed to practice medicine as a qualified medical practitioner; (b) hold office as a physician or surgeon or any other office, by whatever name called, which is meant to be held by a physician or surgeon; (c) be entitled to sign or authenticate a medical or fitness certificate or any other . certificate required by any law to be signed or authenticated by a duly qualified medical practitioner; \ -- 5 ETD,J Crl.P.No.987l of'2025 (d) be entitled to give evidence at any inquest or in any court of law as an expert under section 45 of the lndian Evidence Act, 1872 (1 of 1872) on any matter relating to medicine: Provided that the Commission shall submit a list of such medical professionals to the Central Government in such manner as may be prescribed: Provided further that a foreign citizen who is enrolled in his c,ountry as a medical practitioner in accordance with the law regulating the registration of medical practitioners in that country rnay be permitted temporary registration in lndia for such period and in such manner as may be specified by the regulations. (2) Any person who contravenes any of the provisions of this section shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five lakh rupees or with both.

54. Cognizance of offehces - No court shall take cognizance of an offence punishable under this Ait except upon a cornplaint in writing made in this behalf by an officer authorized by the Commission or the Ethics and Medical Registration Board or a State Medical Council, as the case may be."

8. Thus, under the NMCA and the TMPR Act, no person shall practice the modern medicine unless he is registered under the Act for the said purpose.

9. The petitioner counsel has placed heavy reliance on the judgment of the Constitution Bench of the Apex Court in Dr. Mukhtiar Chand and Others Vs. Sfafe of punjab and Othersl , wherein it was held in paragraph Nos.47 and 49 that; I 119981 7 Supreme Coun Cases 5?9 6 a ETD.J Crl.P.No.987t of2021s ^.(:?;-i:;,Tf;"yi;:i!{;,;Ji#:i"';:,*z::ff, .that there is nt g:f"f A*{{ii r"s*; ;i ;:dffff "y";!;tr ", !o- ogatcg. riaii ii",iiiit, medicine in tndian Medicine any of its branches irrt"r" mil-rriooiiJliro enroled on a state Medicat Register *mn-idiii#ii i,0", gso a"t. ,ej!:/i:!",;:;*,,1;:i,:::i",#Y:tri:!,:;;x*:ffi suffer ftom the uice.of .want ;i;;;;rt;#rprtence and the notifications W ir;;-.;;;",,covemments thercunder arc ygluytn.yii{ ni.i"a".ii,i" )na are resar. Howsver, afrer sub_section e;-;, s;"";;;18 or the tso6 Act oceupied th "!.d it- ; 6: ;:i{$, ii f,l:,;/ 1i,?" :Lfil",!* the notifrcationt I I i i I I I I {r*ffi{#i;W:#'#,#i i;yAx#ip:g:;#;:!et,j{:f##;tr their quatification .as sunicanirir-igiihii#}n the state Medical Registet r qzxot oiii;';;ia[i tri:!:";r,;*tained in sectioi 10. Therefore, even according to the decision of the Constitution Bench, a person qualified in a stream of medicine i.e., homeopathy cannot prescribe medicines pertaining to another stream unress it is confened by a State Law which is in force. ln Telangana State, the Telangana Medicat practitioners Registration Act is in force as discussed above. ln simplest of terms, a person who is practicing homeopathy medicine cannot prescribe medicines under Allopathy. 11. ln the present case the petitioner is alleged to have been tgrstered practitioner for Homeopathy, however he has been found to be prescribing allopathy medicines as per the averments in the (' 7 ETD,J Crl.P-No.9871 of2025 complaint. Hence, there is a prima-facie case made out against the petitioner and the investigation is still in progress.

12. The contention of the petitioner counsel is that the prosecution needs to be launched by the Commissioner of Ayush and that the present case is registered when the complaint is lodged by the Registrar of the Telangana Medical Council, which is not tenable in the eye of law and that there is a clear violation of Rule_ 8(7) of the Andhra Pradesh Medical Council (Compulsory Rural Medical Service and Compulsory Government Service-Renewal of Registration, visiting or inspecting the Hospital or Nursing Home or lnstitution) Rules, 2013 (for short, ,the Rules,) issued vide G.O.Ms.No.129, dated 08.08.2013, where the de-facto complainant failed to follow the procedure contemplated in Rule-g(7) of the Rules, which is as under:- "8(7)-Wenever the Commissioner, AyIJSH is in rcceipt of information from the Council that a Medical practitioner of AyuNeda, Siddha, Unani, Homeopathy and yoga or Naturopathy is found practicing Modem Medicine or prescibing drugs of Modem Medicine, he shalt initiate appropriate action against such practitioner in. terms of Govemment Memo.No.8914/l_2/97-1, dated 17.05.1997 appended to fhose rules as annexure-ll. The Commissioner, AYUSH shalt initiate appropriate action within thirty days on rcceipt of such informailion from the Council and intimate the action taken thereon to the Council." 8 6' ETD,J Crl.P.No.987l of2025

13. A bare perusal of Rule g(7) of the Rules discloses that the Ayush commissioner shall initiate appropriate action against such practitioner in terms of G.o.Ms.No.g914 tLztgT-1, dated 1l.o3.1ggz. The G.o.Ms.N o.8g14tL2r97-1, dated 1T.og.1gg7, is a circular Memorandum issued by the Government of Andhra pradesh, Health, Medical and Famiry welfare (L) Department which reads as follows

1. lt is to inform that the Supreme Couft of tndia has given a decision in the case cited above prohibiting the Milaicat Practitionerc from practicing and prescribing drugs in other system of medicine in which they are not registeied. 2. tt impties that a Medicar practitioner who is registered undeq Allopathic sysfem of medicine is prohibitea fum practicing and prcscribing drugs in other sysfems of medicine like Ayurueda, Homeopathy, lJnani etc.-, 1 Similarly, tle Medicat practitioners in Homeopathy, Ayurueda, and Unani etc., should confine their piactice only .to the sysfems of medicine in which tiey are rggistegd and should not practice and prescribe diugs in any other sysfem of medicine in which they ari not registered.

4. Thus, the sale of Allopathic drugs to the Medical Practitionerc who are not registerei in the Attopathic sysfem of medicine is an offence under the provisions of Drugs and Cosmetics Act. Similady, sale Altopathic drugs to a patient on the prescription of a tiedicat Practitioner who r.s nof rcgistered in ine Ntopathic sysfem of medicine is a/so an offence under the'.provisions of Drugs and Cosmetics Act. 'of ?., Likewise, drugs belonging to othersysfems of medicine like Ayurueda, Unani Homeopathy etc., should not be sotd either to the Medical practitioneri or to the patients on the prescriptions of Medicat practitioners who are not registered in the respective sysfems of medicines. \ 9 ETD,J Crl.P.No.987l of2025

14. Thus, it is mentioned in the above said Circular that the person who is practicing homeopathy cannot prescribe medicines in any other system in which they are not registered. lt is pertinent to take note of Rule-8(1) to (10) of the Rules in its entirety, which is extracted for the sake of reference:- Rule-a(l) The Chaiman of the Council may constitute one or more Committees each ansisting of two or three members. (2) The Commiftee or Commiftees so @nstituted shall peium the fdlowing fundions, namely; (a) lnquire suomoto or on a petition presented to the Chairman. (b) Visit or inspect, erther by giving a notice or suryrisingly, any hospital or Nursing home or institution or places where unethical practices are alleged to be in vogue. (c) Visit or inspect either any hospital or nursing home or institution or place where un-qualitied persons or quacks or doctors who do not belong to Modem Sysfem of Scientific Medicine but are pncticing modem medicine and are prescribing drugs of nodem medicine. (cl) Visit or insped. any hospital or nursing home or institution or place where the medical pmditioners whose names were removed ftom the register arc alleged to be continuing to practice without surrendering the ceftifrcate of registration without sufficient cause. (3) Whenever information, is received that a Medical Practitioner has been indulged in unethbal pradices which are unbecoming on the pad of any Medical Practitioner, the Registnr shall make an abstnct of such information. (4) Any act of the Medical Practitioner shall be construed as unethical, when he or she has indulged in any act which is included in chapter 6 of lndian Medical Council (Professional Conduct, etiquefte and ethics) Regulations-2012 or any act which in the opinion of the 10 6, ETD,J Crl.P.No.987l of2o25 council is unbecoming on thie paft of a practitioner or modern scientific medicine. (5) Where the information in question retating to practice of Modem Scientific Medicine or prescibing drugs of modem medicine by a quatified prictitioner if gther sysfems of medicine, such a's Ayuruedi, Homeopathy, lJnani, Naturopathy or Sidda, th; - Registrar shall make an abstract of iuch information. (6) The abstract and where a complaint has been lodgpd, the complaint and all other documents bearing on the case shall be submifted by the Registrar to thie lha!rya1, wlo may if thinks fit, iistruct thi Registrai to fumish the institution concemed with a copy of the complaint and other documents and invite tie head of such institution by means of a registered lefter to submit any explanation he may have to offer within a period of ten clearworking days. (7) Whenever the Commissioner, A4USH is in receipt of information from the Council that a Medicat Practitioner of Ayurueda, Siddha, lJnani, Homeoptathy and Yoga or naturopathy is found practicing Uoaen M9d1c!ne- or prescribing drugs of Modem Meldicine, he shall initiate lppropriate action against such practitioner in terms of Govemment Memo.No.ggl4/L2n7_1, dated 17.03.1997 appended to fhose rules as annexure-ll. The Commrssrbne4 AYUSH shalt initiate appropriate action within thirty days on receipt of such inioriatio:n from the council and intimate the action taken tnirion to the Council. (8) Whenever,any information is received or evidence is brought before any Commiftee constituted by the Council under caluse (iv) ot Section 20 of fie Ait tnat drugs of Modem Medicine are dispensed by Druggists or chemists on the prescription of practitioners oi1tner sysfems of medicine, the Councii on receipt of such report from the Committee shall communicaie he same t9 the Drug lnspector or Assr.sfant Director of Drug Control Administration with a request to take appropiate action on the Druggist or Chemist concemed as per the prcvisions of Drugs and Cosmefibs Act, 1940 and the Rules made therelunder. tf the council come to the conclusion that no action has been initiated by the Drugs lnspector or the Assr.sfanf ligctol, Drug Control Administration within a period of tllirty_days, the Chairman of the Council may instruct the Registrar to furnish the detaits to Directoi Generarr, Drugs Control Administration with a copy.of information ETD,J Crl.P.No.9E7 I of 2025 received ,n thr.s respecf ot copy of complaint and other documents and request him to issue necessary instructions to the Drug lnspector or Assisla nt Director concemed. (9) Where, in any clinic or hospital or nursing home or other institution or place where un-qualified persons or quack are found practicing modem system or Scientitic Medicine or prescrihing drugs of modem medicine, ciminal prcceedings will be initiated by making a complaint to the Station House Offtcer concemed as per Section 22 d the Acl- (1O) Where it is found that the Station House Ofricer has not acted upon the complaint-petition of the Council, the Chairman, APMC who may thinks frt, instruct the Registrar to fumish the information together with other documents on record to the Supeintendent of Police of the Disttict Concemed orthe Sub-Divisional Police Officer with a request to instruct the Station House Ofticer to initiate appropriate action in accotdance with the Law.

15. A conjoint perusal of Rule-8(9) and (10) of the Rules would reveal that the Registrar is authorized to lodge a complaint as per Section 22 of the TMPR Act. Therefore, in the present case, the complaint is lodged by the Registrar of Telangana Medical Council, which is very much inconsonance with Sub-Rules (9) and (10) of Rule-8 of the Rules.

16. But, under Section 54 of NMCA, no Court shall take cognizance of an offence except upon a complaint in writing by an officer authorized by the Commission or the Ethics and Medical Registration Board or a State Medical Council. Thus, it has to be a 12 T', ETD,J Crl.P.No.9E7l of2025 complaint made in writing and the word ,complaint, is defined under Section 2(d) of Cr.p.C., which reads as foflows: "2. Definitions - (a) xxx (b) xxx (c) xxx (d) "Complaint" means any ailegation made orally or in writing to a Magistrate, with a view to his ta(ing action under this Code, that some person, whethei known or unknown, has committed'an offenc", Urt does not include a police report."

17. Therefore, a comptaint in writing has to be lodged before the competent court by the authorized officer and it does not incrude a police officer. ln the present case, the complaint is filed before the station House officer by the Registrar of the state Medical council. Under section s4 of the NMCA, an officer authorized by the state Medical councit can fire the complaint. Thus, there is nothing wrong if the Registrar files the compraint, but the said compraint has to be made to the concerned court and not before the station House officer. Therefore, there is a lapse in the procedure adopted by the concerned authority and the said lapse would affect the case in such a way that cognizance of the offence cannot be taken by the Court. \ : I I I I I I \ \ t l3 ETD,J Crl.P.No.987l of 2025

18. As discussed supra, sub-Rules g, g and 10 of Rule g of the Rules empowers the Registrar to initiate the criminat proceedings by making a complaint to the station House officer and when the station House officer does not act upon the same, he shalt furnish the information along with other documents to the superintendent of Police to instruct the station House officer to initiate appropriate action. As per section s4 of the NMCA, an authorizedperson under the commission or the Ethics and Medical Regishation Board or the state Medical councir can initiate the proceedings. Thus, the Registrar is competent to initiate the proceedings i.e., he can file a complaint, but it has to be made in writing before the concerned Court.

19. ln the present case, the Registrar has filed the complaint before the station House officer. Hence, no court can take cognizance of the said complaint. Therefore, continuation of proceedings in the present case against the petitioner is abuse of process of law.

20. Therefore, the proceedings in crime No.300 of 202s on the file of sadasivpet porice station, sangareddy District, are hereby quashed against the petitioner herein. However, it is made clear that the authorized officer is at liberty to initiate criminal proceedings t4 6 ETD,J Crl.P.No.987l of2021 strictly in accordan@ with raw i.e., in accordance with section s4 of the NMCA.

21. Accordingly, the criminal petition is disposed of. Miscellaneous applications pending, if any, shalt stand closed. SD/. P.C.SULEKHA DEVI ASSISTANT / ,,TRUE COPY// OFFICER Td, Kam/PSL istrate(Spl. Mobile) at

1. The Judicial First Class Mag 2. The Station House Officer, Sadasivpet Police Station, District. 3. Two CCs to the pubtic Prosecutor, High Court for the State of Telangana at 4. One CC to SriT Srujan Kumar Reddy, Advocate loPUcI 5. One CC to Sri Sama Sandeep Reddy, SC FOR TMC IOPUCI 6. Two CD Copies Hyderabad. [OUT] ..- \ \ HIGH COURT D ATED:29110t2025 CRLP.No.9871 of 2025 rJ ( :! i ::E it i- o 16DErffi ""4D, a ,.)t ,r-.O * DISPOSING OF THE c [f

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