Dr.K.Mahabub Pasha C.M.S.Ed, v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR CRL.O.P. NO.10292 OF 2022 Dr.K.Mahabub Pasha ... Petitioner Vs.

1. The State rep. By The Inspector of Police, Arani Town Police Station Thiruvannamalai District.

2. The Joint Director, Health Department, Thiruvannamalai District.

...Respondents

PRAYER:

Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents their subordinates, men and agents not to harass the petitioner in respect of his practice providing community medical service and essential drugs in allopathy without following the due process of law.

For Petitioner : Mr.B.Hari Krishnan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondents and their men not to harass the petitioner in respect of his practice providing community medical service and essential drugs in allopathy without following the due process of law.

2. It is the contention of the petitioner that under the pretext of enquiry, the police is unnecessarily harassing the petitioner.

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3. The learned Government Advocate [Criminal Side] on instructions submitted that as on date there is neither any complaint nor any petition pending against the petitioner.

4. In such view of the matter, this Court is of the view that blanket Order not to harass cannot be granted. In the event any complaint is filed against the petitioner, it is well open to the prosecution to proceed against the petitioner on issuing notice to the petitioner as per law. On such notice, the petitioner shall co-operate with the investigation.

5. Accordingly, this Criminal Original Petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vrc To

1. The Inspector of Police, Arani Town Police Station Thiruvannamalai District.

2. The Joint Director, Health Department, Thiruvannamalai District.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.B.Hari Krishnan, Advocate, S.R.No.32228 Crl.O.P. No.10292 of 2022 GPL(CO) PM/14/06/2022 https://hcservices.ecourts.gov.in/hcservices/