IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 Crl.MC.No. 573 of 2009() --------------------------- (CRIME NO.75/06 OF CHITTUR POLICE STATION) ........................ PETITIONER(S): ACCUSED --------------------------------- 1. SAMROJITH ROY, S/O.HAZARILAL ROY, LAKSHMI CLINIC, VELLANTHARA, THELUNGU STREET, MAIN ROAD, CHITTUR, PALAKKAD. HAVING PERMANENT ADDRESS: VILLMUDA, AKAIPUR (PO), GOPAL NAGAR, NORTH-24, PARGANAS, WEST BENGAL. 2. ABHIJITH ROY, S/O.HAZARILAL ROY, -DO- BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S): COMPLAINANT ------------------------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, CHITTUR POLICE STATION, PALAKKAD, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 573 OF 2009 = = = = = = = = = = = = = = = Dated this the 23rd day of March, 2009. O R D E R This petition is filed to quash proceedings in C.C.157/06 of Judicial First Class Magistrate, Chittur. Petitioners herein are accused of offences for having practiced the system of medicine without proper authentication and they are charge sheeted u/s 419 and 420 r/w S.34 IPC. According to the petitioners they are qualified people and they are entitled to practice whereas the State Government would contend that it is not a recognized system and they are liable to be proceeded with. So it is a matter which requires consideration on facts as well as on questions of law. I am informed that the investigation is over and charge is filed and the matter is pending before the criminal Court. I dispose of this Crl.M.C with liberty to the petitioner herein to move for a discharge wherein all the questions raised on facts and law can be considered by the Magistrate and appropriate orders be passed. With this observation the Crl.M.C. is disposed of. M.N. KRISHNAN, JUDGE. ul/-