S.Kannan v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 10.12.2018
CORAM:
THE HON'BLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.28724 of 2018 S.Kannan ... Petitioner Vs.
1.The State rep. By The Inspector of Police, Avinashipalayam Police Station, Tiruppur District.
2.The Joint Driector, Health Department, Tiruppur District.
... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., directing the respondents/ his men and agents not to, at the instance of any complaint, harass this petitioner in respect of his practice of providing first aid medial service in allopathy without following the due process of law. For Petitioner : Mr.B.Harikrishnan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
Even though a larger relief is sought for in the above criminal Original petition, the learned counsel for the petitioner would confine the relief only for a direction to the respondent police not to harass the petitioner at the instance of any complaint in respect of giving First Aid to the patients. 2.The learned counsel for the petitioner would submit that the petitioner is qualified and has been granted Diploma Certificate by the National Council for Professional Education Mission in First Aid and Practical Nursing. According to the learned counsel for the petitioner, this is sufficient qualification for the petitioner to give first Aid and practical nursing and the petitioner will not involve himself in giving any treatment to any patient with Allopathy Medicines. https://hcservices.ecourts.gov.in/hcservices/
3.This Court in exercising its powers under Section 482 of Cr.P.C., will not interfere with the investigation conducted by the police, more particularly in areas where the complaint pertains to giving treatment to patients. This Court is not a specialist to assess the nature of certificate that has been given to the petitioner. Ultimately, the life of person is involved and therefore, this Court must be more careful in giving directions in cases of this nature. Therefore, there cannot be a blanket ban against the police in conducting enquiry wherever complaints are received against persons practicing medicines in areas in which they are not qualified. 4.In order to strike a via media, as and when complaint is received by the police against the petitioner, the respondent police shall issue summons to the petitioner and call him for enquiry and satisfy themselves with regard to the qualification of the petitioner and the nature of complaint that has been given against the petitioner and thereafter proceed in accordance with law.
5.Accordingly, This Criminal Original Petition is disposed of with the above directions.
Sd/- Deputy Registrar //True Copy// vsgl/ia Sub Assistant Registrar To
1. The Inspector of Police, Avinashipalayam Police Station, Tiruppur District.
2. The Joint Driector, Health Department, Tiruppur District.
3. The Public Prosecutor, High Court, Madras.
+1 cc to M/s.B.Harikrishnan, Advocate, SR No.84966 Crl.O.P.No.28724 of 2018 ssm(28/12/18) https://hcservices.ecourts.gov.in/hcservices/