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Madras High CourtCRL OP/11274/2024disposed of

Pramod Kumar v. The Commissioner Of Police,

2024-05-09Honourable Mr Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.05.2024

CORAM

THE HONOURABLE MR.JUSTICE K. KUMARESH BABU Pramod Kumar Proprietor M/s. Aariyan Foods Running restaurant at No.198/201, 1st floor, Sowdha Plaza, Purasawalkam High Road, Chennai 600007.

... Petitioner Vs.

1.

The Commissioner of Police, Chennai City, Chennai - 600 007.

The Assistant Commissioner of Police (Vepery Range) Chennai.

4.

The Inspector of Police, G-1 Police Station, Vepery, Periyamet, Chennai 600007.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the respondents not to harass the petitioners and their staff in relation to the running of Herbal Hookah 1/4

services (without any content or trace of Tobacco and Nicotine) in the Restaurant premises namely "18-KAFE" at No.198/201, 1st floor, Sowdha Plaza, Purasaiwalkam High Road, Chennai 600007. For Petitioner : M/s. S. Shanmitha For Respondents : Mr. L. Baskaran Government Advocate (Crl.Side) ******

O R D E R

Heard the submissions made by both learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side). Based on record, the judgment of this Court made in W.P.No.27745 of 2023 dated 22.09.2023, wherein this Court exclusively passed the following Order. "5.

In the light of the above submissions, there shall be a direction to the petitioner to give an undertaking letter before the 4th respondent, to have a separate smoking area for serving herbal flavored hookah without any content or trace of Tobacco/ nicotine. On receipt of the undertaking, the respondents are directed not to interfere with the business of the petitioner. It is made clear that the petitioner will strictly adhere to the undertaking and will not violate it by taking advantage of the order passed in this writ petition." The petitioner also undertakes to give such an undertaking and 2/4

the respondents, on receipt of the undertaking are directed not to interfere in the business of the petitioner. On the said directions, this criminal original petition stands disposed of, on the same line in which the aforesaid order has been passed.

09.05.2024 stn To 1.

The Commissioner of Police, Chennai City, Chennai - 600 007.

The Assistant Commissioner of Police (Vepery Range) Chennai.

3.

The Inspector of Police, G-1 Police Station, Vepery, Periyamet, Chennai 600007.

4.

The Public Prosecutor, High Court of Madras, Chennai.

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K. KUMARESH BABU, J.

stn 09.05.2024 4/4