Madras High CourtCRL OP(MD)/12628/2020disposed of

S.Suthamani v. The Superintendent Of Police

2020-11-11Honourable Mrs Justice J. Nisha Banu2 pages

C rl.O.P.(MD)No.12628 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.12628 of 2020 S.Suthamani ... Petitioner Vs.

1.The Superintendant of Police, Thoothukudi District, Thoothukudi/ 2.The Inspector of Police Thoothukudi SIPCOT Police Station, Thoothukudi.

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents, his subordinates, etc., not to harass the petitioner, her staffs, who are working in the Spa situated in Door No.160N/31C, Polpettai, Thoothukudi, Thoothukudi Distruct under the guise of enquiry.

For Petitioner : Mr.N.Pragalathan For Respondents : Mr.V.Neelakandan, Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondents, his subordinates, etc., not to harass the petitioner, her staffs, who are working in the Spa situated in Door No.160N/31C, Polpettai, Thoothukudi, Thoothukudi Distruct under the guise of enquiry. 2.The petitioner would state that she is running a Spa called as 'Ayurvedic Clinic and Spa' and she got valid permission from the competent Authorities to run the Spa. The petitioner has completed the certificate course in Ayurveda Panchakarma Therapist. Even after showing the certificates, the subordinates of the second respondent harassed the petitioner and her staffs. Hence, the petitioner sent a representation dated 28.10.2020 to the respondents not to harass the petitioner and her staffs under the guise of enquiry. Hence, she approaches this Court.

3.When the petition is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that there is an enquiry pending against the petitioner in C.S.R.No.770 of 2020 dated 05.11.2020. 4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

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C rl.O.P.(MD)No.12628 of 2020 5.Considering the facts and circumstances of the case, this Criminal Original Petition is disposed of with a direction to the respondents to follow the principles laid down by the Hon'ble Apex Court in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610 while enquiring the petitioner.

Sd/- Assistant Registrar (CSII) // True Copy // / /2020 Sub Assistant Registrar(CS) rm NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To 1.The Superintendant of Police, Thoothukudi District, Thoothukudi/ 2.The Inspector of Police Thoothukudi SIPCOT Police Station, Thoothukudi.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.[MD]No.12628 of 2020 11.11.2020 KG(CO) KB(24.11.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2