Page No.# 1/5 GAHC010258282024 2025:GAU-AS:760 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3175/2024 DR FARID KHAN AND ANR S/O LATE RIAJ KHAN RESIDENT OF RUHINI PATHAR, PO AND PS MURAJHAR, DIST HOJAI, ASSAM 782439 PERMANENT RESIDENT OF VILLAGE ISLAM NAGAR (KANDI) PO AND PS NILBAGAN, DIST HOJAI ASSAM 782445 2: SHAHRUKH KHAN S/O LATE RIAJ KHAN RESIDENT OF RUHINI PATHAR PO AND PS MURAJHAR DIST HOJAI ASSAM 782439 PERMANENT RESIDENT OF VILLAGE ISLAM NAGAR (KANDI) PO AND PS NILBAGAN DIST HOJAI ASSAM 78244 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M ALI, MR J. ISLAM,MR J. E. SARKAR Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 24.01.2025 Heard Mr. H. R. A. Choudhury, learned Senior Counsel assisted by Mr. M. Ali, learned counsel for the petitioners. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent. 2. This application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of pre-arrest bail to the accused/petitioners in connection with Murajhar P. S. Case No. 207/2024, under Sections 61(2)/319(2)/336(3) BNS read with Sections 40/42(1)/41(2) of the Clinical Establishment (Registration & Regulation) Act, 2010. 3. The Case Diary has been received and I have perused the same. 4. Mr. Choudhury, learned Senior Counsel for the petitioners, has submitted that the petitioners are innocent and has not committed any offence as alleged in the FIR. He submits that petitioner No. 1 holds a Doctor of Medicine (Alternative Medicine) degree, while petitioner No. 2 is an Arts graduate with a good reputation in his locality. Petitioner No. 1 completed his HSLC examination in 1998 from Don Bosco High School, Nagaon, under the Board of Secondary Education, Assam. In 2004, he passed the Higher Secondary Examination from Brahmaputra Valley Junior College, Guwahati, under the Assam Higher Secondary Education Council. In 2005, he enrolled in the MBBS (Alternative Medicine) course at Sealdah Medical College of Alternative Medicine, West Bengal, completing it in 2006. He also completed the Doctor of Medicine Page No.# 3/5 (Alternative Medicine) degree from the Indian Board of Alternative Medicine, which authorizes petitioner No. 1 to use the suffix MBBS, MD (A.M). He is currently a registered Medical Practitioner in Alternative Medicine with the Indian Board of Alternative Medicine. 5. He further submitted that the petitioner No. 1 does not practice or prescribe allopathic medicine, as alleged in the FIR. The enquiry report claims the clinic is wrongly registered, but petitioner No. 1 contends that he obtained the original registration certificate from the District Registering Authority, Nagaon, valid for one year. He was authorized to operate the clinic as a single practitioner of Ayurveda, Unani, and Sidha systems of medicine. 6. Regarding the alleged fake H.S certificate, Mr. Choudhury, learned Senior Counsel clarifies through an additional affidavit that the HSLC certificate was issued by the Assam Higher Secondary Education Board. Although petitioner No. 1 studied at Brahmaputra Valley Junior College, the college was not affiliated, so he appeared for the examination through Kamrup Academy, Guwahati, and his Higher Secondary Pass Provisional Certificate was issued on June 14, 2006. He further submits that there have been no complaints regarding the petitioner No.1 prescribing incorrect medicine. More so, petitioner No. 1 established the clinic after receiving a provisional registration certificate and employed three qualified doctors to attend to patients. 7. He further submits that the case registered under Sections 61(2)/319(2)/336(3) of the BNS is not applicable to the petitioners. However, the case may instead involve violations of Sections 40/42(1)/42(2) of the Clinical Establishment (Registration and Regulation) Act, 2010, if the clinic’s registration is found to be improper. However, there is no evidence to support that the clinic was wrongly registered, and the concerned authority has the discretion to Page No.# 4/5 cancel the registration if necessary. Therefore, he prays for the grant of pre- arrest bail to the petitioners and submits that they are ready and willing to co- operate with the investigation and provide any necessary documents for verification, if required. 8. In this context, Mr. Das, learned Additional Public Prosecutor, submits that based on the statements of witnesses and the victim, it is evident that petitioner No. 1 is running the clinical establishment without proper authorization. Even if petitioner No. 1 did obtain an MBBS (A.M.) degree, he is not authorized to prescribe allopathic medicine or perform surgeries. He further submits that while the informant does not claim that petitioner No. 1 advised petitioner No. 2 to administer the wrong injection to a patient, resulting in complications, there are other instances where petitioner No. 1, along with petitioner No. 2, performed surgeries that led to complications, requiring the patients to seek treatment from other doctors to save their lives. He also points out that the enquiry report indicates that the Brahmaputra Valley Junior College, from which petitioner No. 1 allegedly obtained his Higher Secondary Degree, is no longer in existence, and the degree in MBBS (A.M.) was obtained based on questionable documents. Additionally, the certificates presented by the petitioners are subject to verification. Given these circumstances, he submits that this is not a fit case for granting pre-arrest bail to the accused/petitioners. 9. After hearing the submissions of both sides and on perusal of the Case Diary and annexures attached to the petition, it is evident that the petitioners have provided documents to support their claim that petitioner No. 1 obtained an MBBS (A.M.) degree from Sealdah University, West Bengal after completing his Higher Secondary Examination. However, it is clear that as a graduate in Alternative Medicine, petitioner No. 1 is not authorized to prescribe medicine or Page No.# 5/5 perform surgeries as alleged in the FIR, and this is corroborated by the materials in the case diary. The enquiry report reveals that petitioner No. 1 established a clinic where he not only prescribed medicines but also performed surgeries without holding a valid degree for such practices. As a graduate in alternative medicine, he is only permitted to practice Ayurveda, Unani, and Sidha medicine as a single practitioner. The enquiry report further indicates that his actions may pose a threat to public health, as many people in the locality may visit the clinic, mistakenly believing him to be a licensed allopathic doctor. 10. Considering the materials available in the Case Diary, the present stage of the investigation, I find that custodial interrogation of the accused/petitioners may be necessary to unearth some more facts of the case and accordingly, I am of the view that this is not a fit case, where, the privilege of pre-arrest bail can be granted to the accused/petitioners at this stage and accordingly, the same stands rejected. 11. In view of above, this Anticipatory Bail application stands disposed of. 12. Case Diary be returned. JUDGE Comparing Assistant