1. ' The petitioner is an accused person in case F.I.R. No,830 registered at Police Station City, Chichawatni, District Sahiwal on 3-12-1997 for offences under sections 6/9 of the Medical and Dental Degrees Ordinance, 1982. The said F.I.R. Was lodged by respondent No,3 herein. After completion of investigation a challan was submitted before the Court of competent jurisdiction and the trial of the petitioner is presently pending before the Judicial Magistrate, Chichawatni.
2. During the pendency of the trial the petitioner submitted an application under section 249-A, Cr.P:C. For his premature acquittal but the petitioner's application in that regard as dismissed by the learned trial Court on 7-4-2000. The petitioner then filed a revision petition before the Court of Session, Sahiwal in that regard but his revision petition was also dismissed by the learned Additional Sessions Judge; Chichawatni vide judgment, dated 23-10-2000. Hence, the present petition before this Court.
2. After hearing the learned counsel for the parties and going through the record it has been noticed that the F.I.R. In this case had been lodged by respondent No,3 herein who was himself a Medical Practitioner. According to the provisions of section 7 of the Medical and Dental Degrees Ordinance, 1982.
3. "Cognizance of offences.--- No Court shall take cognizance of an offence punishable under this Ordinance except upon a complaint made by the Secretary of the Medical and Dental Council or any person authorized by the Secretary and notified in the official Gazette."
4. Respondent No,3, the complainant of this case, has entered appearance before this Court in person today and has confirmed the factual position that at the relevant time he was neither the Secretary of the Medical and Dental Council nor he had any such authorization in that regard from the Secretary and also that his name has never been notified in that regard in the official Gazette.
5. The Police Officer submitting the report under section 173, Cr.P.C. In this case also did not have any such authorisation. In this view of the admitted position the learned trial Court had no jurisdiction to take cognizance of any offence punishable under the Medical and Dental Degrees Ordinance, 1982 and to try the criminal case in question. This petition is, therefore, allowed and the proceedings pending before the Judicial Magistrate, Chichawatni in pursuance of case F.I.R. No,380 of 1997 registered at Police Station City, Chichawatni, District Sahiwal are declared to be without lawful authority and of no legal effect and consequently the same are quashed. There shall be no order as to costs.