IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P.B.BAJANTHRI CRIMINAL PETITION NO.6010/2019 BETWEEN SRI. NAGARAJU D AGED ABOUT 44 YEARS S/O SRI DASANNA SREE MATHA CLINIC BARAGURU VILLAGE SIRA TALUK-572 137 TUMAKURU , KARNATAKA.
(BY SRI ARUNA SHYAM M, ADVOCATE) AND ...PETITIONER 1 . THE STATE OF KARNATAKA BY PATTANAYAKANAHALLI POLICE TUMKURU THROUGH STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001.
2 . DR.CHANDRIKA, THE DISTRICT HEALTH OFFICER AGED 45 YEARS, TUMAKURU DISTRICT TUMKURU-572101 FATHER"S NAME NOT KNOWN TO THE PETITIONER.
(BY SMT K. P. YASHODHA, HCGP) …RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.118/2019 ON THE FILE OF THE HON’BLE ADDITIONAL CIVIL JUDGE AND JMFC COURT, SIRA, TUMAKUR DISTRICT INCLUDING THE FIR, COMPLAINT AND CHARGE SHEET REGISTERED BY THE FIRST RESPONDENT POLICE IN CR.NO.82/2018 FOR THE ALLEGED OFFENCE P/U/S. 417,420 R/W SEC.34 OF IPC, 1860 AND SEC.19 OF THE KARNATAKA PRIVATE MEDICAL ESTABLISHMENT ACT, 2007 ON THE BASIS OF THE WRITTEN INFORMATION FURNISHED BY THE SECOND RESPONDENT.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In the instant petition, the petitioner has sought for the following reliefs:
“ i. Quash the entire proceedings in C.C.No.118/2019 on the file of the Hon’ble Addl. Civil Judge and JMFC, Court Sira Taluk, Tumkur District, including the FIR, complaint and charge sheet registered by the first respondent police in Cr.No.82/2018 for the alleged offences punishable under section 417, 420 read with section 34 of Indian Penal Code, 1860 and Section 19 of the Karnataka Private Medical Establishment Act, 2007 on the basis of the writtten information furnished by the second respondent.
ii. Grant such other and further reliefs as deem fit in the facts and circumstances of the case, in the interest of justice.”
2. On 23.10.2019, learned State Counsel was directed to ascertain as to whether initiation of proceedings is by an incompetent authority or not pursuant to Section 19 of the Karnataka Private Medical Establishments Act, 2007. Today, the learned State Counsel on instructions submitted that the authorised officer/authority has not initiated proceedings in terms of Section 19 of the Karnataka Private Medical Establishments Act, 2007.
3. Accordingly, the petition stands allowed, while quashing the entire proceedings in C.C.No.118/2019, on the file of Additional Civil Judge and JMFC Court, Sira Taluk, Tumkur District, including FIR, complaint, charge sheet for the offences punishable under Sections 417, 420 r/w section 34 of IPC and Section 19 of the Karnataka Private Medical Establishments Act, 2007, reserving liberty to the competent officer/authority to initiate proceedings in accordance with law.
Sd/- JUDGE DL