IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL C-482 No. 784 OF 2010 Dr. Baljeet Singh ….……Applicant. Versus State of Uttarakhand and another. ……...Respondents. Present: Mr. Ajay Veer Pundir, Advocate for the applicant. Mr. Nandan Arya, AGA for the State of Uttarakhand. None for respondent no. 2. Date of Decision : 19.8.2010 Sudhanshu Dhulia, J. (Oral) 1. Heard Mr. Ajay Veer Pundir, Advocate for the applicant Mr. Nandan Arya, AGA for the State of Uttarakhand/respondent no.1. 2. This application under Section 482 of the Cr.P.C. has been filed by the applicant challenging the summoning order dated 28.7.2010 passed by the Chief Judicial Magistrate, Haridwar in Complaint Case No. 5314 of 2010 State Vs. Fakhroodin & Others under Section 15 (3) of the Indian Medical Council Act, 1956 (from hereinafter referred to as the Act), by which the applicant has been summoned. The charge against the applicant is that he is doing medical practice without proper authorisation / qualification for the same, which is an offence under Section 15 (3) of the Act. Section 15 (3) of the Indian Medical Council Act reads as follows: “15. RIGHT OF PERSONS POSSESSING QUALIFICATIONS IN THE SCHEDULES TO BE ENROLLED. 3. Any person who acts in contravention of any provision of sub- section (2) shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees, or with both;” 3. The applicant contends that he is in fact authorised and is entitled to practice as such. This is not for this Court to examine this case on merits under Section 482 of Cr.P.C., as it is for the trial court to examine the case on its merits. The applicant may state his case before the Chief Judicial Magistrate, Haridwar. This Court finds no good ground for interfering with the summoning order dated 28.7.2010 passed by the Chief Judicial Magistrate in Complaint Case No. 5314 of 2010. 4. The instant C-482 petition deserves to be dismissed and is hereby dismissed. No order as to costs. (Sudhanshu Dhulia, J.) 19.8.2010 Rathour