Disposed

Dr.N.J.Kannan M.D.(a.M).M.D v. the Superintendent of Police

Madras HC4 Feb 2013CRL OP(MD)/1185/2013

Case brief

AI extract

What is this about?

The Hon'ble Madurai Bench of Madras High Court, under Section 482 CrPC, held that pending investigation, police cannot prevent the petitioner from practicing alternative medicine based on a valid certificate. The court directed police to complete investigation expeditiously.

What did the court decide?

Petitioner permitted to practice alternative medicine per certificate; police directed to complete investigation expeditiously.

Dr.N.J.Kannan M.D.(a.M).M.D Vs the Superintendent of Police — Medical Negligence | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 04.02.2013

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CORAM:

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THE HONOURABLE MS.JUSTICE K.B.K.VASUKI

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Crl.O.P.(MD).No.1185 of 2013

Dr.N.J.Kannan

... Petitioner

Vs.

The Superintendent of Police, Madurai District, Madurai.

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The Inspector of Police, Karupayurani Police Station, Karupayurani, Madurai. ... Respondents

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Prayer: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to instruct the second respondent not to disturb the practice of the alternative medicine by the petitioner.

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For Petitioner : Mr.G.Thiruvarutselvan

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For Respondents : Mr.A.P.Balasubramanian Govt. Advocate (Crl. Side)

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ORDER

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Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents.

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2.The learned counsel for the petitioner would submit that the petitioner was arrested and remanded to judicial custody and thereafter he was released on bail, merely on suspicion, as though he was practicing Allopathic Medicine and that he has been prevented from practicing his avocation within the limits based on his certificate issued by the Indian Board of Alternative Medicine, Calcutta.

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3.The learned Government Advocate (Criminal Side) would pray more time to produce details about the stage of the investigation as well as the statements of the witnesses.

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4.The learned counsel for the petitioner would correctly and appropriately make a submission to the effect that pending investigation as to whether the petitioner was practicing Allopathic Medicine or not, he https://hcservices.ecourts.gov.in/hcservices/ may not be prevented from practicing alternative system of medicine on the strength of the certificate which he legally obtained from the Indian Board of Alternative Medicine, Calcutta.

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5.There is considerable force in the submissions made by the

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learned counsel for the petitioner and accordingly, pending investigation, the police is having no right to inject or prevent the petitioner from practicing the alternative system of medicine and the petitioner is also cautioned that he should not practice Allopathic Medicine or any other system of medicine except alternative system of medicine within the scope of his certificate. The police shall do well to see that they are expeditiously completing the investigation and file police report in either way as per law.

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6.With the above direction, this petition is disposed of.

Sd/-

Deputy Registrar(W)

/True copy/

Assistant Registrar

The Superintendent of Police, Madurai District, Madurai.

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The Inspector of Police, Karupayurani Police Station, Karupayurani, Madurai.

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

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SSI

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TS/14.02.2013/2P-4C

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Crl.O.P.(MD).No.1185 of 2013

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04.02.2013

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https://hcservices.ecourts.gov.in/hcservices/

Dr.N.J.Kannan M.D.(a.M).M.D v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Dr.N.J.Kannan M.D.(a.M).M.D v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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