Dr.P.Arul Murugan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2019

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.875 of 2019 Dr.P.Arulmurugan ... Petitioner Vs.

1. State rep by Inspector of Police, Karattupalayam Rural Police Station, Tiruchengode Taluk, Namakkal District.

2. The Joint Director of Rural and Medical Health Services, Namakkal District, Namakkal.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent police herein not to harass the petitioner at the instance of any complaint in respect of practice of Allopathic medicine without following the due process of law.

For Petitioner : Mr.M.Saravanan For Respondents: Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed seeking a direction to the first respondent police not to harass the petitioner, who is practising Homeopathi Doctor. 2.The learned Counsel for the petitioner would submit that the petitioner is a Homeopathi doctor, who has valid qualification given by an authorised university. The petitioner is only practising Homeopathi and he never practised Allopathy at any point of time. However, there is a regular harassment from the first respondent, due to which the petitioner is not able to continue with his Homeopathi practice. 3.The learned Additional Public Prosecutor would submit that as and when there is a complaint against the petitioner to the extent that the petitioner is practising as an Allopathic doctor and prescribing Allopathic Medicines, the first respondent https://hcservices.ecourts.gov.in/hcservices/

police has to necessarily enquire about the same, since it involves the life of people and public interest. The learned Additional Public Prosecutor would further submit that the first respondent police will not unnecessarily intervene with the practise of the petitioner, if he strictly adhered in the practise of Homeopathi.

4.The submissions made by the learned Additional Public Prosecutor is recorded and the first respondent police shall call the petitioner for an enquiry by issuing a summon, only in case, when there is a specific complaint that the petitioner is practising Allopathy and prescribing Allopathic Medicines. 5.This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar ay/rpl To 1.Inspector of Police, Karattupalayam Rural Police Station, Tiruchengode Taluk, Namakkal District.

2.The Joint Director of Rural and Medical Health Services, Namakkal District, Namakkal.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.875 of 2019 rrs 04/02/2019 https://hcservices.ecourts.gov.in/hcservices/