P.Periya Elaiyarajah v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6208 of 2020 Dr.P.Periya Elaiyarajah

...Petitioner

Vs.

1. The Superintendent of Police, Perambalur District, Perambalur.

2. The Inspector of Police, Perambalur Police Station, Perambalur.

3. The Joint Director of Rural and Medical Health Services, Perambalur District, Perambalur.

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent herein not to harass the petitioner without due process of law at the instance of any false and frivolous complaint in respect of practice of allopathy medicine.

For Petitioner : Mr.K.Arunraj For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed for a direction to direct the respondent herein not to harass the petitioner without due process of law at the instance of any false and frivolous complaint in respect of practice of allopathy medicine.

2. Heard Mr.K.Arunraj, learned counsel appearing for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor appearing for the respondents.

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3. The learned Additional Public Prosecutor has submitted that the petitioner is not a Doctor, and he produced various certificates which are not belonging to their degree or diploma. Though simply he is mentioning his name by Dr.P.Periya Elaiyarajah, he is not entitled to practice under the Allopathy or any other form of medicine.

4. On perusal of records, the petitioner has not proved that he is qualified as doctor. Even then, his name is shown as Dr.P.Periya Elaiyarajah and therefore, the petitioner is not at all entitled for any permission to practice on any medicine. Further, the petitioner is hereafter restrained to mention his name as Dr.P.Periya Elaiyarajah, and if he uses his name as Dr.P.Periya Elaiyarajah, the second respondent is directed to take appropriate action as against the petitioner.

5. The Registry is directed to print the name of the petitioner without any designation as doctor in the order copy.

6. With the above directions, this Criminal Original Petition is dismissed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar kv To

1. The Superintendent of Police, Perambalur District, Perambalur.

2. The Inspector of Police, Perambalur Police Station, Perambalur.

3. The Joint Director of Rural and Medical Health Services, Perambalur District, Perambalur.

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4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.6208 of 2020 aa01/07/2020 3/3