- 1 - NC: 2025:KHC-D:1925 CRL.P No. 100230 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100230 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: BABUSAB S/O. YAMANURSAB BELERI AGE. 43 YEARS, OCC. DOCTOR, R/O. NIDAGUNDI, TQ. RON, NOW AT HALI-MUNDARAGI, A.B.NAGAR, DIST. GADAG-582118. …PETITIONER (BY SRI. H.N.GULARADDI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH NARGUND SUB-DIVISION, MUNDARAGI POLICE STATION, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE TAKING COGNIZANCE AND ISSUANCE OF PROCESS DATED 07.11.2017 PASSED BY THE CIVIL JUDGE AND JMFC COURT, MUNDARAGI IN C.C.NO. 634/2017 FOR THE OFFENCE P/U/SEC. 419, 420, OF IPC AND SEC. 2(k), 19 OF KARNATAKA PRIVATE MEDICAL ESTABLISHMENT ACT, 2007, PRODUCED AT ANNEXURE-D. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.06 11:20:53 +0530 - 2 - NC: 2025:KHC-D:1925 CRL.P No. 100230 of 2025 ORAL ORDER 1. The petitioner is challenging the proceedings pending before the trial Court for offences punishable under Sections 419 and 420 of the Indian Penal Code (IPC) and Sections 2(k) and 19 of the Karnataka Private Medical Establishments Act, 2007. 2. Based on credible information, a raid was conducted at Sanjeevini Clinic. During the inspection, it was found that the petitioner was allegedly practicing as a doctor without possessing the requisite qualifications. The issue of whether cognizance can be taken based on the final report submitted by the police for an offence punishable under Section 19 of the Karnataka Private Medical Establishments Act, 2007, was examined by a Co-ordinate Bench of this Court in Crl.P.No.101920/2021. Referring to Section 19A of the Karnataka Private Medical Establishments Act, 2007, the Co-ordinate Bench held 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 other officer authorized in this behalf by the said Authority. 3. Therefore, the cognizance taken based on the report submitted by the police lacks legal authority and stands vitiated for want of jurisdiction. The continuation of the criminal proceedings would amount to an abuse of the process of law. Accordingly, I pass the following: - 3 - NC: 2025:KHC-D:1925 CRL.P No. 100230 of 2025 ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.634/2017 pending on the file of the Civil Judge and JMFC court, Mundaragi, insofar as it relates to the petitioner – accused No.2 stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 3 Sl No.: 9