John Michael Cunha ORDER
John Michael Cunha, J.
1. Petitioners are aggrieved by the prosecution initiated against them in Crime No. 159/2015 for the offences punishable under Sections 7 and 19 of the Karnataka Private Medical Establishment Act, 2007 (hereinafter referred to as 'the Act' for short) and Section 420 of Indian Penal Code.
2. Heard learned counsel for the petitioners and learned HCGP appearing for respondents.
3. Learned counsel for the petitioners has put forth a plea that the action initiated by the respondent is contrary to the provisions of the Act. As per Section 19A of the said Act, the Court is debarred from taking cognizance of the offence under the Act except on a written complaint by the Registration and Grievance Redressal Authority or any officer authorized in this behalf by the Registration and Grievance Redressal Authority.
4. In the case on hand, the complaint was sent by the District Health Officer directly to the police through post and based on the said complaint, FIR has been registered against the petitioners for the above offence contrary to Section 19A of the Act and therefore, solely on this ground impugned proceedings are liable to be quashed.
5. Learned HCGP appearing for the respondent however has argued in support of the impugned action and has prayed for dismissal of the petition.
6. Records disclose that the FIR in Crime No. 159/2015 is registered by Shanivara Santhe police on the basis of the written complaint received from the District Health Officer through post. The offences alleged against the petitioners are under Sections 7 and 19 of the Act and Section 420 of Indian Penal Code. The allegation in the complaint is that the petitioners herein have been running a private clinic without obtaining licence from the competent authorities established under the said Act. Though Section 420 Indian Penal Code is incorporated in the FIR, the complaint does not disclose the ingredients of Section 420 Indian Penal Code. The said section appear to have been incorporated only to assume jurisdiction on the respondent police. But in the absence of any allegations or material in support of the said charge, registration of FIR incorporating Section 420 Indian Penal Code is malafide and on that score, the action of the respondent has to be held as illegal.
7. Section 3 of the Act requires prior registration to run any private medical establishment. The said provision reads as under:-
"3. Registration of Private Medical Establishments-On and after the appointed day, no Private Medical Establishment shall be established, run or maintained in the State except under and in accordance with the terms and conditions of registration granted under the Act.
Provided that a Private Medical Establishment in existence immediately prior to the appointed day shall apply for such registration within six months from the date of commencement of the Karnataka Private Medical Establishments (Amendment) Act, 2012 and pending orders thereon may continue to run or maintain till the disposal of the application and shall comply with the provisions of this Act."
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