Janakiraman v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN CRL.O.P.NO.7936 OF 2022 Janakiraman ... Petitioner Vs.

1. The Superintendent of Police, Villupuram District.

2. The Inspector of Police, Valavunur Police Station, Villupuram District.

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

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondents not to harass the petitioner without due process of law at instance of any false and frivolous complaint in respect of practice of allopathy medicine as community health care provider (CHP) while implementing Tamil Nadu Clinical Establishment (Regulations) Rules-2018, further hand over the key of the petitioner clinic immediately.

For Petitioner : Mr.M.Ravi For Respondents : Mr.V.Meganathan, Government Advocate (Crl. side)

O R D E R

This petition is filed seeking direction to the respondents herein not to harass the petitioner without due process of law at the instance of any false and frivolous complaint in respect of practicing allopathy medicine as community health care provider (CHP) while implementing Tamil Nadu Clinical Establishment (Regulations) Rules - 2018, with a direction to hand over the key of the petitioner's clinic immediately. https://hcservices.ecourts.gov.in/hcservices/

2.The learned counsel for the petitioner submitted that the petitioner's clinic key was taken by the respondent police, therefore this petition.

3.In response, the learned Government Advocate (Crl. side) submitted that already a case was registered against the petitioner in Cr.No.24 of 2017 on the file of the Valavunur Police Station and the case is pending in C.C.No.323 of 2019, on the file of the second respondent under Section 28 of IPC and Section 15 of Indian Medical Council Act, 1956. 4.In view of the submissions of the learned Government Advocate (Crl. side) that already a criminal case is pending against the petitioner, this Court is not inclined to entertain this petition. The respondent police is directed to act in accordance with law. If the key is secured from the petitioner, without following the procedure established by law, it is directed that the key should be returned to the petitioner, immediately.

5.Accordingly, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sli/sai To

1. The Superintendent of Police, Villupuram District.

2. The Inspector of Police, Valavunur Police Station, Villupuram District.

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

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.7936 of 2022 SJ(CO) RLP(19/04/2022) https://hcservices.ecourts.gov.in/hcservices/