- 1 - NC: 2025:KHC-D:3138 CRL.P No. 100756 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100756 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: RAVIKUMAR S/O. VENKATASWAMI, AGE. 45 YEARS, OCC. RMP DOCTOR, R/O. MOKA VILLAGE, BALLARI DIST-583116. …PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: STATE OF KARNATAKA REPRESENTED BY MOKA POLICE STATION, BALLARI, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580001. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO, QUASH ALL THE CONSEQUENTIAL PROCEEDINGS INITIATED AGAINST THE PETITIONER/ACCUSED NO.1 IN CRIME NO.05/2025 PENDING ON THE FILE OF THE IVTH ADDL.CIVIL JUDGE (JN.DN) JMFC BALLARI, IMPUGNED COMPLAINT, FIR REGISTERED BY MOKA POLICE STATION IN FOR THE OFFENCES PUNISHABLE U/S 19(1) OF KARNATAKA PRIVATE MEDICAL ESTABLISHMENT ACT, 2007 AND U/S 319(2), 318(4) OF BNS. 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: 2025.02.20 16:40:12 +0530 - 2 - NC: 2025:KHC-D:3138 CRL.P No. 100756 of 2025 ORAL ORDER The learned Additional Government Advocate accepts notice for the respondent. 2. The petitioner challenges the registration of an FIR for offences punishable under Section 19(1) of the Karnataka Private Medical Establishment Act, 2007 (hereinafter referred to as “the Act, 2007”). 3. The prosecution alleges that the petitioner, with the intent to cheat the public, was practicing allopathic medicine without obtaining a valid license. 4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent – State. 5. Section 3 of the Act, 2007 deals with the registration of private medical establishments. 6. Section 19 of the Act, 2007 deals with penalties for violations of the provisions of the Act. 7. Section 19A of the Act, 2007 debars the Court from taking cognizance of offences committed under the Act, except on a written complaint by the Registration and Grievance Redressal Authority or any officer authorized by the said Authority. 8. In the present case, the police, without the authority of law, have registered the FIR. If the petitioner is found to be - 3 - NC: 2025:KHC-D:3138 CRL.P No. 100756 of 2025 practicing allopathic medicine without a license, the complaint must be filed by the Registration and Grievance Redressal Authority or any officer authorized by them. Only upon such a complaint can the trial Court take cognizance of the offence. Therefore, the registration of the FIR and the investigation into the matter lacks legal authority, and as a result, the continuation of the investigation would amount to an abuse of the process of law. 9. Accordingly, the petition is allowed, and the impugned proceedings in Crime No. 5/2025, registered by the Moka Police Station and pending before the learned IV Additional Civil Judge (Jr. Dn.) JMFC, Ballari, are hereby quashed. However, liberty is granted to the Competent Authority to take any action against the petitioner as permissible under the law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 50