IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.579 of 2002 ================================================== Binod Sharma, son of late Ram Tabakya Sharma, resident of village- Simuara, P.S.-Kurtha, District- Jehanabad. .... .... Petitioner Versus 1. The State of Bihar. 2. Dr.Ramji Singh, son of not known, resident of village/Mohalla- East Ram Krishna Nagar, Dhelwan, P.S.-Gaurichak, District- Patna. 3. Dr. Satrughan Singh, son of not known, resident of Mohalla- East Ram Krishna Nagar, Dhelwan, P.S.-Gaurichak, District- Patna. 4. Dr. Surendra Singh, Director, Deshi Chikitsha, Govt. of Bihar, Patna. 5. Dr. Jyoti Chandra Singh, Homeopathic Chikitsha Board Bhawan, Kadamkuan, Patna. 6. Dr. Kameshwar Singh, B.H. Medical College & Hospital, Patna. 7. Dr. M.H. Shashi, B.H. Medical College & Hospital, Patna. .... .... Opposite Parties ================================================== Appearance: For the Petitioner/s : None For the Opposite Party : Mr. Gyan Prakash Sinha, Advocate For the State : Mrs. Indu Bala Pandey, A.P.P. ================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) Amaresh Kumar Lal, J. The complainant-petitioner has preferred this revision application against the order dated 11.04.2002 passed by the learned Judicial Magistrate, Patna in Patna High Court CR. REV. No.579 of 2002 dt.03-11-2011 2 complaint case no.1390C/2001 by which the complaint petition filed on behalf of the petitioner has been dismissed. The complaint petition was filed by the petitioner against six homeopathic doctors for the offences punishable under Sections 420, 467, 468, 471, 506 and 120B of the I.P.C. alleging therein that the accused opposite parties in connivance with each other were running a fake homeopathic college in the name of G.D. Memorial Homeopathic Medical College and Hospital at Patna. An advertisement notice was published in the Hindustan daily newspaper on 16.07.2001 for admission in the aforesaid college. As per advertisement, the institute was recognized by the Central Council of Homeopathic, Govt. of India, New Delhi and was the extension centre of Rajasthan Vidyapeeth, a deemed University recognized by U.G.C., Ministry of Human Resources Department, Govt. of India. In the advertisement, location of the said college was not given for obtaining form, as admission centre, address of Shanker Homeo Hall, Kadamkuan had been given. In fact, it was the clinic of Dr. Ramji Singh, who happens to be founder of the said institution. The petitioner purchased Patna High Court CR. REV. No.579 of 2002 dt.03-11-2011 3 an admission form from Shanker Homeo Hall on payment of Rs.200/-only and it was told that the said homeopathic college was located at Ram Krishna Nagar, New Bye-pass Road, Patna. After purchasing the admission form, the complainant went there to make himself sure about the institution, but he found nothing except the house of Dr. Ramji Singh on the address given by the accused. Inquiry about the said college was also made by the petitioner from the Secretariat and he was told that no homeopathic college was recognized by the Government of Bihar. It has been further alleged that the petitioner asked to refund the money of admission form, but it was denied. After inquiry, the complaint petition has been dismissed. No one appears on behalf of the petitioner. The learned counsel for the opposite parties is present. The learned counsel for the opposite parties submits that after inquiry and considering the various letters issued from different universities as well as the Central Council of Homeopathic, the learned Magistrate has found that there is no sufficient material on the record to summon the accused for facing trial and the complaint petition has been dismissed and no interference is required by this Court. Patna High Court CR. REV. No.579 of 2002 dt.03-11-2011 4 After hearing the learned counsel for the opposite parties and on perusal of the materials on the record, it appears that the contention of the learned counsel for the opposite parties is correct. The learned Magistrate has considered the report sent by the Director, Deshi Chikitsa, Bihar, Patna and various others letters and it was clear that for the Sessions 2001-02, the G.D. Memorial Homeopathic College and Hospital was allowed to start BHMS Direct Degree course for one 100 students subject to the condition that the college shall take admission after obtaining affiliation from the University. It further appears that later on the University gave no objection certificate and permitted the said college to start session on its extension college. Considering all theses materials, the complaint petition was dismissed. Considering the facts and circumstances stated above, I do not find any ground to interfere with the impugned order. This petition is dismissed. Patna High Court, Patna Dated, the 3rd November, 2011 N.A.F.R./V.K. Pandey ( Amaresh Kumar Lal, J.)