C.Balaji v. Gopinath @ Gopi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of December Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice B.PUGALENDHI IN CRL OP(MD) No.12403 & 12404 of 2021 C.BALAJI ... PETITIONER/THIRD PARTY IN ALL THE PETITIONS Vs 1 GOPINATH @ GOPI ... 1st RESPONDENT/PETITIONER IN ALL THE PETITIONS 2 THE STATE REP.BY THE INSPECTOR OF POLICE TOWN WEST POLICE STATION, THANJAVUR DISTRICT CR.NO.110 OF 2020 ... 2nd RESPONDENT/RESPONDENT IN CRL MP(MD).11219 & 11221/2021 CR.NO.1425 OF 2021 ... 2nd RESPONDENT/RESPONDENT IN CRL MP(MD).11223 & 11227/2021 Prayer in CRL MP(MD).11229/2021 in CRL OP(MD).
12403/2021: Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to recall the interim order dt 09/09/2021 passed by this Honourable court in Crl.O.P.(MD) No.12403 of 2021 in so far as the petitioner / Third party is concerned Prayer in CRL MP(MD). 11221/ 2021 in CRL OP(MD).12403/2021: To grant an order of interim directions directing the Medical Council of Tamilnadu to keep the enquiry initiated based on the orders of this Honourable Court dt 09/09/2021 in the above Crl.O.P Prayer in CRL MP(MD). 11223/ 2021 in CRL OP(MD).12404/2021: to recall the interim order dt 09/09/2021 passed by this Honourable court in Crl.O.P.(MD) No.
Prayer in CRL MP(MD). 11227/ 2021 in CRL OP(MD).12404/2021: To grant an order of interim directions directing the Medical Council of Tamilnadu to keep the enquiry initiated based on the orders of this Honourable Court dt 09/09/2021 in the above Crl.O.P COMMON ORDER : These petitions coming up for orders on this day, upon perusing the petitions filed in support thereof and upon hearing the arguments of M/S.V.R.SHANMUGANATHAN, Advocate for the petitioner in all the petitions and of Mr.P.KOTTAI CHAMY, Government Advocate(crl.side) on behalf of the 2nd Respondent in all the petitions and Mr.N.SATHISHBABU, Advocate for the Medical Council in all the petitions, the court made the following order:- These Criminal Miscellaneous Petitions are filed to recall the interim order granted by this Court on 09.09.2021, in Crl.O.P(MD) Nos.12403 and 12404 of 2021 and to grant an order of interim direction, directing the Medical Council of Tamil Nadu to keep the enquiry initiated based on the orders of this Court, dated 09.09.2021.
2.The learned Counsel appearing for the Medical Council submits that based on the observations made by this Court, the Medical Counsil ordered for an enquiry. However, based on the order of this Court alone, they are not going to take any decision. The enquiry is being conducted independently headed by four persons and based on the materials, they would take further course of action, depending upon the recommendations. The learned counsel has made it clear that the observations made by this court in the earlier order would not stand in any way in imposing any punishment to this petitioner. 3.The said statement of the learned counsel appearing for the Medical Council is recorded. Therefore, the apprehension of this petitioner is unwarranted and no further order is required. 4.Accordingly, these Criminal Miscellaneous Petitions are closed.
sd/- 16/12/2021 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE ADDITIONAL DISTRICT JUDGE CUM SPECIAL COURT UNDER ESSENTIAL COMMODITIES ACT, THANJAVUR.
2 THE INSPECTOR OF POLICE TOWN WEST POLICE STATION, THANJAVUR DISTRICT 2/3
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE CHAIRMAN, TAMIL NADU MEDICAL COUNCIL, CHENNAI.
ORDER
IN CRL MP(MD) No.11219, 11221, 11223 & 11227 of 2021 IN CRL OP(MD) No.12403 & 12404 of 2021 Date :16/12/2021 SA/PN/SAR.3/17.02.2022/3P/5C 3/3