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Rakesh Kumar (Others)     11 August 2011

Need urgent help

Dear Sir,

My relative is in Govt Job. He is also a Aurvedic doctor and has valid degree/certificate. Few days back CMO came to relative's clinic and asked for certificate. Somehow certificate was not there with him on that day. Now he has it with him.

CMO went to Police station and filed FIR on my relative under IPC 419 - 420. and one more IPC related with having alopathic medicine instead of Aurvedic medicine.


Please help us what we should do in this case?


Thanks
 



Learning

 5 Replies

THANKACHAN V P (Advocate & Notary)     11 August 2011

1.Offense under 419 and 420 will not stand simply because your relative could not produce the certificate .

2.He need not worry if the Police  did  not seize any alopathic medicine form his clinic. 

Rakesh Kumar (Others)     12 August 2011

Thanks a lot Sir for your kind response...

Actually CMO took some alopathic medicine from clinic, medicine includes like Betnisol injections, some antibiotic tablets etc...

Now my question is:

As you suggested that if he will produce original document then Offense under 419 and 420 will not stand.

There is one more offence(Medical Act - 15 / 2) which is having degree of Aurvedic he can not sell Alopathic medicine.

What we should do if we want to cancel this IPC as well?

Saurabh..V (Law Consultant)     12 August 2011

@Author

 

Anything barred by law shall go against you.

 

It would be better if you could tell us if the CMO was accompanied by any team also if he prepared any seizure menu. If CMO came with a team and prepared official documents regarding this raid, you brother would be in trouble. Else if he just came alone and seized some medicines but didnot prepared any document with out witness, you can simply deny the medicines being with you at all.

 

Try taking help from the Police Station Officer directly. It may be illegal to seek favor from him but when the central govt. has empowered them to do all what they can, then why not use this facility in helping your relative.

 

//peace

/Saurabh..V

Rakesh Kumar (Others)     12 August 2011

1. ACMO came alone.

2. Took some alopathic medicine from clinic.

3. Asked questions like Since how many years you are working as doctor. Asked to show certificate.Certificate was not there at that time so he was unable to produce the same. But my relative have it with him now.

4. He asked to write on a paper that he is practicing since last 30 years and he wrote the same on paper.

5. He wrote that he is practiceing since last 30 years and serving people without taking money from them.

6. Then he went in police station and filed FIR 419-420 and Medical Act 15/2.

My questions are :

1. What we can do from our side to remove this FIR?

2. If police submit Final report then what should be future action?

 

Also please suggest what legal action we can take against ACMO ?

Thanks

 

 

Saurabh..V (Law Consultant)     12 August 2011

@Author

 

Step1. File RTI about this 'raid' by ACMO. Ask the question if he was directed by any authority to conduct such or if he himself is the authority. Also did he raided only your clinic or others too?

 

Step2. Upon favorable answers to above questions, go to High Court for seeking quash under S.483CrPC.

 

//peace

/Saurabh..V


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