- 1 - NC: 2025:KHC:13921 CRL.P No. 3178 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3178 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI. ARUL RAJHAMANI @ ARUL RAJAMANI AGED ABOUT 44 YEARS, S/O. RAJAMANI, R/AT NO.32 ESWARAN KOIL STREET, THIMMAMPET, VANIYAMBADI TALUK, TIRUPATTUR DISTRICT, TAMIL NADU-635801 ARUN CLINIC, SULIKUNTE VILLAGE, BANGARPET TALUK, KOLAR DISTRICT-563114. …PETITIONER (BY SRI. CHETHAN A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY CHIEF SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, VIKASA SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR-561301. 3. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER, KOLAR DISTRICT, KOLAR-56301. Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:13921 CRL.P No. 3178 of 2025 4. DR. PRIYADHARSHINI. J, AGE, NOT KNOWN TO THE PETITIONER, D/O. NOT KNOWN TO THE PETITIONER, IN-CHARGE TALUK HEALTH OFFICER, BANGARPET TALUK, OFF AT: GENERAL HOSPITAL CAMPUS, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES BANGARPET TALUK, BANGARPET-563114. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1 TO R3) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE COMPLAINT FURNISHED AT ANNEXURE-A AND SET ASIDE THE ORDER OF COGNIZANCE DATED 28.5.2024 FURNISHED AT ANNEXURE-B AND FURTHER BE PLEASED TO QUASH ENTIRE PROCEEDINGS IN C.C NO.1817/2024 FOR THE OFFENCES P/U/S 19(1)(2)(3)(4)(5) OF KPME ACT 2007 AND SECTION 419 AND 420 OF IPC PENDING ON THE FILE OF HON'BLE PRL. CIVIL JUDGE AND JMFC COURT, AT BANGARPET, IN RESPECT OF PETITIONER IS CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner challenges the order passed by the Trial Court taking cognizance of offences punishable under Sections 19(1), (2), (3), (4), and (5) of the Karnataka Private Medical Establishments Act, 2007 (for short, ‘Act, 2007’) and Sections 419 and 420 of the IPC. - 3 - NC: 2025:KHC:13921 CRL.P No. 3178 of 2025 2. Respondent No.4, the In-charge Taluk Health Officer, filed a private complaint before the learned Magistrate under Section 200 read with Section 156(3) of the Cr.P.C., stating that the petitioner is practicing medicine and operating a clinic without the requisite qualifications and without obtaining a license from the competent authority, in contravention of the K.P.M.E. Act, 2007. 3. The learned Magistrate, after perusing the complaint, took cognizance of the aforesaid offences, permitting the petitioner to approach this Court. 4. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondents. 5. Section 19A of the Act, 2007 states that no court shall take cognizance of an offence under this 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. In the present case, the complaint was not filed by the Registration and Grievance Redressal Authority, nor was Respondent No.4 authorized by the Redressal Authority. Therefore, the cognizance taken of the aforesaid offences based on the complaint filed by Respondent No.4 - 4 - NC: 2025:KHC:13921 CRL.P No. 3178 of 2025 lacks authority. In such circumstances, the continuation of criminal proceedings would amount to an abuse of the process of law. 6. Accordingly, the petition is allowed. The impugned proceedings in CC No.1817/2024 pending on the file of the learned Principal Civil Judge and JMFC Court at Bangarpet, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 7