- 1 - NC: 2025:KHC-D:529 CRL.P No. 101460 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.101460 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: SYED MADANI PEER KHADRI, AGED ABOUT 55 YEARS, S/O. SRI. SSKB KHADRI, OCC: BUSINESS/ AGRI., R/O: OPP. GOVERNMENT HIGH SCHOOL, MAIN ROAD, SIRIGERI-583 120, DIST: BALLARI. … PETITIONER (BY SRI. VEERESH R. BUDIHAL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH SIRIGERE POLICE STATION, REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 001. … RESPONDENT (BY SRI. T. HANUMAREDDY, AGA) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. PRAYING TO ALLOW THE INSTANT PETITION AND FURTHER BE PLEASED TO QUASH F.I.R. REGISTERED BY THE RESPONDENT POLICE IN CRIME NO.0055/2021 DATED 04.05.2021 FOR OFFENCE U/SEC. 420 OF IPC R/W 19(1) OF KPMI ACT, VIDE ANNEXURE-A AND ALSO THE CHARGE SHEET DATED 20.07.2021 VIDE ANNEXURE-B AND QUASH THE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.1506/2021 PENDING ON THE FILE OF THE COURT OF THE CIVIL JUDGE AND JMFC, SIRUGUPPA, BALLARI FILED FOR OFFENCES U/SEC. 420 IPC R/W SECTION 19(1) OF KPMI ACT, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.16 09:49:44 +0530 - 2 - NC: 2025:KHC-D:529 CRL.P No. 101460 of 2022 THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner challenges the cognizance taken for the offences punishable under Section 420 of the Indian Penal Code, 1860, and Section 19(1) of the Karnataka Private Medical Institutions Act, 2007 (KPMI Act). 2. The prosecution’s case is that the petitioner is practicing Allopathic Medicine without possessing the required qualification and without obtaining permission from the competent authority. 3. The issue of whether cognizance can be taken on the basis of the final report submitted by the police under Section 173 of the Code of Criminal Procedure was examined by a Co-ordinate Bench of this Court in Crl.P. No. 100777/2022. In its order dated 24th March 2022, this Court ruled that cognizance for the offence punishable under the KPMI Act can only be taken upon a written complaint by the Authorized Officer, as stated under Section 19 of the KPMI Act. Therefore, cognizance taken on the final report - 3 - NC: 2025:KHC-D:529 CRL.P No. 101460 of 2022 submitted by the police lacks authority, and the continuation of the criminal proceedings against the petitioner/accused would amount to an abuse of the process of law. 4. Hence, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The impugned criminal proceedings in C.C. No.1506/2021 pending on the file of the Civil Judge & JMFC, Siruguppa, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS CT:BCK List No.: 1 Sl No.: 61