DHAMTARI ELECTRO-HOMOEOPATHIC MEDICAL INSTITUTE AND HOSPITAL, DHAMTARI v. STATE OF M. P.
1999-09-10
RAJEEV GUPTA
body1999
DigiLaw.ai
ORDER R.P. Gupta, J. The petitioner was arrested during the investigation of the charge u/s 420, Indian Penal Code against him. He claimed to be the Principal of Dhamtari Electro Homoeopathic Medical Institution & Hospital, Gokulpur, district Dhamtari and invited students for the so-called institute and started distributing degrees and certificate which he named as under: (1) M.B.B.S. = Bachelor of Medicine and Bio-chemic Science. The general public knows it as Bachelor of Medicine & Bachelor of Surgery in Allopathic Science. (2)MD. = Doctor of Medicine. (3) B.A.M.S. = Bachelor of alternative Medicine system. The general public knows it as Bachelor of Ayurvedic Medicine & Surgery. (4) D.H.M.S. = Diploma in Herbal Medical Science. The general public knows it as Diploma in Homoeopathic Medicine & Surgery. These degrees are imparted by recognized University after study in recognized colleges in various disciplines in system of Allopathic medicine, Ayurvedic medicine or Homoeopathic medicine. The petitioner however, started giving certificates of the same initials with allegation that he was teaching alternative system of medicine such as herbal medicine, bio-chemic medicine or alternative medicine etc. Not only the students were charged money for this teaching and degrees, but, it was being imparted to the public as if he was giving education in medical sciences commonly so known and understand. He names his institute as 'University'. However, in order to start any University or college for teaching medical science in any discipline permission from Medical Education Department of the State is essential under the M.P. Medical Education Institution Control Act, 1973 and from Indian Medical Council, New Delhi or Central Homoeopathy Council, New Delhi or Indian Ayurvedic Council, New Delhi and for education of the Diploma sanction of M.P. Homoeopathy Council or M.P. Ayurvedic Unani Prakritik Chikitsa Board is essential. So the accused claimed to have started institute like Electro Homoeopathic Medical Institution & Hospital and has started giving degree or certificates which have the same meaning as degree for Allopathic Medicine & Surgery or Ayurvedic Medicine & Surgery or Homoeopathic Medicine & Surgery. He is, thus, cheating the students and public. When this mischief increased, the State of M.P. became alive to it and wrote to all the Police S. Ps. in the State as also to the District Magistrates and the Medical Education Department of Govt, of M.P. as to what had come to their notice.
He is, thus, cheating the students and public. When this mischief increased, the State of M.P. became alive to it and wrote to all the Police S. Ps. in the State as also to the District Magistrates and the Medical Education Department of Govt, of M.P. as to what had come to their notice. So the totally unqualified persons who had no knowledge themselves of regular science like pathology, medical surgery, autonomy and pharmacy, which are essential for medical education, are claiming to be teaching system of medical treatment by naming them as Electro Homoeopathy System. They were charging money from gullible student and claimed to be giving treatment or to give certificates and degrees of the above types to the students, who would, naturally, without prior training or knowledge, play with life and health of public who approach them for treatment. When the accused Anil Kumar Gajpal was arrested after recording a first information report, he applied for bail to the Sessions Court and Additional Sessions Judge, Dhamtari vide impugned order dated 13-1-1999 admitted him to bail for the offence u/s 420, Indian Penal Code on furnishing two sureties of Rs. 5,000/- each and a personal bond of Rs. 10,000/- with a further condition that during the period when he is on bail he should keep in abeyance the teaching for such unrecognized certificate or degrees as he purported to award. If he files such an undertaking he could be released on bail. The petitioner approaches this court u/s 482, Code of Criminal Procedure for setting aside this part of the order seeking undertaking from him. The petition has been filed not by the accused in his personal capacity, but, by the Dhamtari Electro Homoeopathic Medical Institute & Hospital, Gokulpur, through him as Principal. Firstly, the impugned order of bail was passed in his favour with condition of undertaking to be given by him. This Court does not know if he is the only person running this so-called Institute and Hospital, Gokulpur. He claims this is a registered society. He does not disclose his position in the society except mentioning himself as the Principal. No resolution of the society to initiate this proceedings u/s 482, Criminal Procedure Code has been filed nor any resolution to authorize him to do the same.
He claims this is a registered society. He does not disclose his position in the society except mentioning himself as the Principal. No resolution of the society to initiate this proceedings u/s 482, Criminal Procedure Code has been filed nor any resolution to authorize him to do the same. The whole petition is nothing more than name dropping or rank dropping allegedly having had something do about the alleged system. It is conceded that it is not a recognized system of medicine. The prayer in the petition is to quash the investigation and prosecution of the petitioner on the ground that reading and teaching Electro Homoeopathy which is the alternative system of medicine is not an offence covered u/s 420, Indian Penal Code. The copy of the first information report lodged against him has not been produced for perusal of this Court. His counsel has, however, cited a Single Bench judgment of Calcutta High Court cited at 99(2) CLJ 173 titled The Council of Alternative System of Medicine and anr. vs. State of West Bengal. In that case, the alleged council of alternative system of Medicine was affiliated to Medicine Alternative established in 1962 being an International Multinational University at Alma Atta, U.S.S.R.. That Council had its registered office at Jadhavpur, Calcutta and the petitioner No. 2. in that case was the President of the council and he had advertised inviting students for admission in degree/diploma courses in a number of disciplines of different system of medicines said to have been conducted by the said organization saying further that the said council to which the said organization was affiliated, would confer degree/diploma/ certificate etc. in respect of the said medical courses. A first information report was registered against it for attempting to cheat and for contravening the provisions of Indian Medical Council Act and various other statutes. It was represented to the Court that, that system of Medicine did not actually use any medicine and there was no chemical therapy used. The treatment was to be by mere controlled diet, sense, breathing or by Yoga. In these circumstances the Single Bench was of the view that entering into such teaching of Yoga, even without being recognized under Indian Medical Council Act or other statute, will not be any offence. This pronouncement nowhere helps to the petitioner.
The treatment was to be by mere controlled diet, sense, breathing or by Yoga. In these circumstances the Single Bench was of the view that entering into such teaching of Yoga, even without being recognized under Indian Medical Council Act or other statute, will not be any offence. This pronouncement nowhere helps to the petitioner. There is specific allegation according to his own petition that the Government authorities have noticed a degree which he is issuing or attempting to issue are having the same title as the degree issued under the Indian Medical Council Act, or Indian Homoeopathy Council Act or Indian Ayurvedic Council Act. He has kept concealed from this Court as to what exact allegations appear against him in the first information report and he wants the first information report and criminal investigation to be quashed against him. The Court can imagine how deeply rooted method and system of cheating it will become if he is allowed to introduce in society persons claiming to have degrees and diplomas in medical treatment of the type he purports to be issuing. Those gullible students would be falsely cheated by him by charging them for such degrees and, thus spoiling their life and then those people will play with the health and life of general public in village and cities. He had not explained what sort of education he wants to impart. He is only doing the game of name dropping by calling his system of education as Electro Homoeopathy System. Whether it deals with medicine, natural medicine, Herbs, chemicals, Bio-chemicals, he does not explain. What sorts of institution he has set up, he has not explained. The Court which granted conditional bail to him was thoroughly justified in imposing that condition to minimise the effect of cheating which he is doing and wants to attempt further. At least this Court is certain in its mind that investigation into such working of the said institution should be made and experts should be involved to explain the fraud involved in their working and fraudulent effect to the public. The petition has no substance, it is dismissed. Final Result : Dismissed