Satish Kumar Mittal, J.
1. The petitioner, who is practising in Electro-Homeopathy System of Medicines has filed this petition for quashing F.I.R. No. 89 dated 7.8.1999 registered against him at Police Station Balchaur under Section 15 of the Indian Medical Council Act, 1956 and Section 26 of the Drugs and Cosmetic Act.
2. The aforesaid F.I.R. was registered against 59 persons, including the petitioner, on the basis of a letter written by Civil Surgeon, Nawanshahr, alleging that in view of the circular dated 29.7.1999, issued by the Government, on the basis of the directions given by this Court on 13.10.1998 in Civil Writ Petition No. 1656 of 1997, a checking of unregistered Medical Practitioners was made in the District and it was found that 59 persons were doing medical practice in allopathy without any recognised medical qualification and without getting them registered.
3. The case of the petitioner is that he has done the course of Electro-Homeopathy System of Medicines; has passed three years degree course of B.E.M.S. in the month of April, 1998 and that he is practising in Electro-Homeopathy System of Medicines and got himself registered as Electro Homeopath with National Electro Homeopathy Board of India on 7.7.1999. A copy of the registration certificate issued by the Board has been annexed with the petition as Annexure P-1. It is his further case that he is not practising in Allopathy System of Medicines at all nor it is the case of the prosecution. Therefore, without there being any material that the petitioner is practising in Allopathy System of Medicines, the aforesaid FIR was registered against him.
4. Counsel for the petitioner submits that in Civil Writ Petition No. 16791, titled as Electro-Homeopathic Doctor's Association 'Punjab v. State of Punjab and Ors., decided on March 04, 2002, it was held by a Division Bench of this Court that the circular issued by the Punjab Government in view of the directions given by this Court in Civil Writ Petition No. 1696 of 1997 was not pertaining to the persons practising in Electro-Homeopathy System of Medicines. That circular was issued only to restrain unregistered practitioners from practising modern system of medicines, who deal in allopathic medicines. The Division bench of this Court in this regard observed as under:-
'We would have discussed the issue raised by the petitioner in detail but the necessity of doing so has been obviated because at the hearing learned Deputy Advocate General stated that as per the impugned instructions action is required to be taken against those persons who are practising the modern system of medicines despite the fact that they do not hold the requisite qualifications and registration under the provisions of the Medical Council Act, 1956, or other corresponding provisions and the members of the petitioner Associate are not to be affected by the impugned circular. She further stated that she would advise the department to issue necessary instructions in this respect to the Civil Surgeons and police authorities.'
5. In view of the aforesaid legal position, learned counsel for the petitioner argued that since the petitioner is not practising in modern system of medicines and the impugned F.I.R. was lodged against him merely on the ground that he is not a Registered Medical Practitioner.
6. On 9.2.2004, this Court directed the investigating agency to verify the fact as to whether the petitioner was practising in modern system of medicines or not. In compliance thereof, Deputy Superintendent of Police, Balachaur, filed an affidavit, stating that during the course of investigation, the petitioner was neither found in possession of any allopathic drugs nor practising in modern system of medicines. He further stated that during the course of checking of the clinical premises of the petitioner by the doctor concerned, no allopathic medicine was recovered nor he had taken any record of the petitioner in custody showing that he was practising in modern system of medicines.
7. In view of the aforesaid affidavit, registration of FIR against the petitioner under Section 15 of the Indian Medical Council Act, 1956 and Section 26 of the Drugs and Cosmetic Act, was an abuse of the process of the Court as the same was registered only on the ground that the petitioner was not possessing the Registration Certificate under the Indian Medical Council Act, 1956 or other corresponding provisions. When the petitioner was not practising in modern system of medicines, he was not required to get himself registered under the said Act. Undisputedly, the petitioner was practising in Electro-Homeopathy System of Medicines and was registered with the National Electro Homeopathy Board of India. Therefore, he was competent to practice in Electro-Homeopathy System of Medicines.
8. In view of the aforesaid discussion, the instant petition is allowed and the impugned F.I.R. No. 89 dated 7.8.1999 registered at Police Station Balachaur under Section 15 of the Indian Medical Counsel and the consequent proceedings, qua the petitioner only, are quashed.