cran228.11 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 228 OF 2011 Kondaji Karimsab Bagwan Age 42 years,Occ. Vaidya R/o. Sanj Ves Galli, Osmanabad, Tq. and District Osmanabad ...Applicant Versus 1 The State of Maharashtra Through Police Inspector, Osmanabad City Police Station, Osmanabad (Copy to be served on P.P. High court of Bombay, Bench at Aurangabad) 2 Dr. M.P. Kothawale, Age 31 years, Occ. Service, Medical Officer, Primary Health Centre, Yedsi, Tq. And dist. Osmanabad ...Respondents ..... Mr. A.N. Nagargoje, advocate for the applicant Mr. N.R. Shaikh, APP for respondent No.1 ..... CORAM : A.H. JOSHI AND A.R. JOSHI, JJ. DATED : 5TH OCTOBER, 2011 JUDGMENT (PER A.H. JOSHI, J.) :- 1 Rule. Rule returnable forthwith and heard by consent. cran228.11 -2- 2 Petitioner challenges the FIR on the ground that genuineness of the petitioner’s Registration as a Medical Practitioner in State of Bihar is subject to scrutiny before the District Level Committee and Order passed in Criminal Writ Petition No. 48 of 2005. 3 Perusal of FIR reveals that Petitioner who claims to have enrollment and Registration as Medical practitioner is under Ayurvedic and Unani discipline in the State of Bihar and he does not possess qualification for practicing in Modern Medicine, has prescribed Modern Medicine. 4 We therefore, find that FIR under challenge is not coming in the bar emerging from the order passed in Criminal Writ petition No. 48 of 2005. 5 We are therefore satisfied that the investigation can proceed. There do not exist grounds for quashing the FIR. 6 Insofar as the eligibility of the petitioner to practice Indian Medicine is concerned, said aspect shall be governed by the decision of Committee at District level as observed in the order passed in Criminal Writ Petition No. 48 of 2005. cran228.11 -3- 7 Criminal Application is disposed. Rule is discharged. *****