Rengarajan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Rengarajan ... Petitioner /Vs./ 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Karimeadu Police Station, Madurai District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, 1973, to direct the respondents 1 and 2 not to harass the petitioner and consequently direct the respondents not to interfere with or disturb the peaceful conduct of the petitioner's business offering various health therapies under the name and style of New Studio60 A Family Saloon and SPA, No147A, Puttu Thoopu Main Road, Madurai District.

For Petitioner : Mr.B.Micheal Sebastin For Respondents : Mr.A.Albert James Government Advocate (Crl.) 1/6

ORDER

The Petitioner has filed this Criminal Original Petition seeking for a direction to the respondents 1 and 2 not to harass the petitioner and consequently not to interfere with or disturb the peaceful conduct of the petitioner's business, offering various health therapies under the name and style of 'New Studio60 A Family Saloon and SPA', No147A, Puttu Thoopu Main Road, Madurai District. 2.Heard the learned Counsel appearing for the Petitioner and learned Government Advocate (Crl.), who takes notice for the Official Respondent/s. 3.The learned Counsel appearing for the Petitioner submits that the Petitioner had obtained licence from the Corporation and had been running a New Studio60 A Family Saloon and SPA, at No147A, Puttu Thoopu Main Road, Madurai District. The Petitioner is being harassed by frequent visits of the Respondent Police. Hence, the petitioner seeks for a direction to the Respondent Police not to harass the petitioner.

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4.The learned Counsel appearing for the Petitioner also placed reliance on an order of this Court passed in a similar case that of the petitioner in Crl.O.P. (MD)No.11125 of 2022, dated 13.07.2022. In that case, the learned Single Judge of this Court had relied upon the ruling of the Hon'ble Supreme Court and granted the relief to the petitioner and hence, the petitioner seeks for similar relief in this case also.

5.The learned Government Advocate (Crl.) appearing for the Official Respondents vehemently objects stating that the petitioner is alleged to have involved in illegal activities under the name of 'New Studio60 A Family Saloon and SPA', at No147A, Puttu Thoopu Main Road, Madurai District and therefore, the respondents had registered a case in Crime No.223 of 2022 for the offences punishable under Sections 3(1), 4(1), 4(2)(a), 4(2)(c) and 5(1)(a) of the Immoral Traffic (Prevention) Act, 1956, and Section 370A(2) of IPC. After registration of the FIR, the petitioner absconded.

6.In the light of the FIR having been registered by the Respondent Police, the submission of the learned Counsel appearing for the Petitioner is rejected. 3/6

The petitioner is directed to approach the Court concerned for appropriate relief as per law. This Criminal Original Petition is dismissed accordingly. 07.09.2022 Index : Yes / No Internet : Yes / No sm 4/6

TO:

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Karimeadu Police Station, Madurai District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

Sm Order made in Dated:

07.09.2022 6/6