IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.657 of 2007 DR.NIDHI YADAV Versus THE STATE OF BIHAR & ORS ----------- 4 23.9.2008 In the instant case the petitioner has prayed for quashing the F.I.R. of Rosera P.S.Case No.57 of 2007 registered under sections 419 and 420 of the Penal Code and sections 4, 5 and 6 of the Indian Medical Degrees Act, 1915. Learned counsel for the petitioner submits that even assuming the prosecution case to be true, no offence would be made out against the petitioner. He submits that the petitioner has completed his M.B.B.S. (A.M.) education from Indian Council of Alternative Medicines. In this respect a certificate, as contained in Annexure-2, has been granted to her by the Indian Council of Alternative Medicines which is affiliated to the Open International University and registered by the Government of West Bengal based on Central Government Act. He further submits that after completion of aforesaid study the petitioner was awarded M.B.B.S.(A.M.) certificate by which one becomes entitled to practice in various subjects like Reiki healing, Aromatherapy etc. Learned counsel submits that it would appear from the report of S.D.P.O., Rosera that the Investigating Officer on verification has found the certificate granted to the petitioner by the Indian Council of Alternative Medicines as genuine. He submits that if the petitioner does practices in respect of which she is duly authorized by the certificate granted by the Institution which has valid - 2 - KHAN sanction, no offence would be made out against her. Considering the facts and circumstances of the case, it would be open to the petitioner to file a representation before the Investigating officer of the case as well as the Superintendent of Police, Samastipur bringing the aforesaid facts to their notice, who in turn would act in accordance with law. In the meanwhile, no coercive steps would be taken against the petitioner Dr.Nidhi Yadav for three weeks from today in order to enable her to file a representation, as directed above. (S.P.Singh,J)