Case Note & Summary
The petitioners, eight individuals practicing electropathy and naturopathy in Ahmednagar district, filed a criminal writ petition under Article 226 of the Constitution of India seeking quashing of FIR No. 1447 of 2016 registered at Newasa Police Station. The FIR alleged that the petitioners were practicing medicine without being registered as medical practitioners under the Indian Medical Council Act, 1956, and were issuing objectionable advertisements in violation of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. The petitioners contended that electropathy and naturopathy are distinct systems of medicine not covered by the said Acts, which pertain to allopathic medicine and magic remedies. The court examined the provisions of both Acts and found that the Drugs and Magic Remedies Act specifically deals with advertisements of drugs and magic remedies for treatment of diseases, and the Indian Medical Council Act regulates the practice of modern medicine. Since electropathy and naturopathy are not recognized under these Acts, the allegations did not constitute any offence. The court allowed the petition and quashed the FIR, holding that the continuation of proceedings would be an abuse of process of law.
Headnote
A) Criminal Law - Quashing of FIR - Practice of Electropathy and Naturopathy - Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 - Indian Medical Council Act, 1956 - The petitioners, practitioners of electropathy and naturopathy, were charged for practicing medicine without registration and for objectionable advertisements. The court held that electropathy and naturopathy are not covered under the Drugs and Magic Remedies Act or the Indian Medical Council Act, as these Acts deal with allopathic medicine and magic remedies. The FIR was quashed as no offence was made out. (Paras 1-10)
Issue of Consideration
Whether the practice of electropathy and naturopathy by the petitioners, who are not registered medical practitioners, constitutes an offence under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, and the Indian Medical Council Act, 1956.
Final Decision
The court allowed the petition and quashed the FIR No.1447 of 2016 registered at Newasa Police Station against the petitioners.
Law Points
- Practice of electropathy and naturopathy is not covered under the Drugs and Magic Remedies (Objectionable Advertisements) Act
- 1954
- or the Indian Medical Council Act
- 1956
- FIR quashed as no offence made out.
Case Details
2017 LawText (BOM) (04) 67
Criminal Writ Petition No.1447 of 2016
Sudhakar s/o. Sakhahari Tidke, Sanjay s/o. Sampatrao Taware, Annasaheb s/o Sukhdeo Deshmukh, Rajiv s/o. Bhanudas Deshmukh, Balasaheb s/o. Sheshrao Gade, Arun s/o.Raosaheb Rajale, Kisan Gangadhar Gaikwad, Suresh s/o. Kakasaheb Arle
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Nature of Litigation
Criminal writ petition under Article 226 of the Constitution of India seeking quashing of FIR.
Remedy Sought
Quashing of FIR No.1447 of 2016 registered at Newasa Police Station.
Filing Reason
The petitioners, practitioners of electropathy and naturopathy, were charged for practicing medicine without registration and for objectionable advertisements under the Drugs and Magic Remedies Act and Indian Medical Council Act.
Issues
Whether the practice of electropathy and naturopathy is covered under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954?
Whether the practice of electropathy and naturopathy is covered under the Indian Medical Council Act, 1956?
Whether the FIR discloses any offence against the petitioners?
Submissions/Arguments
The petitioners argued that electropathy and naturopathy are distinct systems of medicine not covered under the Drugs and Magic Remedies Act or the Indian Medical Council Act.
The State contended that the petitioners were practicing medicine without registration and issuing objectionable advertisements.
Ratio Decidendi
The practice of electropathy and naturopathy is not covered under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, or the Indian Medical Council Act, 1956, as these Acts pertain to allopathic medicine and magic remedies. Therefore, no offence is made out against the petitioners, and the FIR is liable to be quashed to prevent abuse of process of law.
Judgment Excerpts
The practice of electropathy and naturopathy is not covered under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, or the Indian Medical Council Act, 1956.
The FIR is quashed as no offence is made out.
Procedural History
The petitioners filed a criminal writ petition under Article 226 of the Constitution of India before the High Court of Judicature at Bombay Bench at Aurangabad seeking quashing of FIR No.1447 of 2016 registered at Newasa Police Station. The court heard the matter and allowed the petition.
Acts & Sections
- Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954:
- Indian Medical Council Act, 1956:
- Constitution of India: Article 226
