Dismissed

Kavitha v. The District Collector

Madras HC21 Jan 2020WP/990/2020

Case brief

AI extract

What is this about?

The petitioner sought a writ to break the seal on her general store pending a police investigation regarding illegal abortion charges. The High Court declined intervention, directing the petitioner to approach the concerned Judicial Magistrate where the FIR is pending, and dismissed the petition.

What did the court decide?

The Writ Petition was dismissed; the petitioner was directed to approach the concerned Judicial Magistrate.

Kavitha Vs The District Collector — Constitutional and Fundamental Rights | Madras HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :21.01.2020

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CORAM

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THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN

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W.P.No.990 of 2020

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Kavitha ... Petitioner

¶7

Vs
1.The District Collector,
Thiruvannamalai
Thiruvannamalai District
2.The Tasildhar
Thiruvannamalai
Thiruvannamalai District
3.The Inspector of Police,
Thiruvannamalai East Police Station,
Thiruvannamalai District. ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to break open the seal affixed in partitioner's "Kaviyan General Store" situated at Thuluva Vellalar Sangam complex shop No.5 Thiruvannamalai pursuant to the petitioner representation dated on 26.12.2019.

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For Petitioner : Mr. M. Subash For Respondents : Mr. R.A.S. Senthilvel, AGP

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ORDER

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1.This Writ Petition has been been filed by the petitioner, in the nature of Mandamus directing the respondents to break open the seal affixed in the shop of the petitioner namely Kaviyan General Store Situated at Thuluvavellalar Sangam Complex Shop No.b, Thiruvannamalai.

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2.Pursuant to the petitioner representation dated on 26.12.2019 given to by the petitioner, the third respondent namely the Inspector of Police, Thiruvannamalai East Police Station had registered a case in Crime No. 461 of 2019 for the offences

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

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under Section 490, 420, 350 of IPC r/w 15(3) of Indian Medical Council Act, 1956. The petitioner and her husband were remanded to judicial custody. The charge against them is that they were conducting illegal abortion.

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3.This Court cannot come to the rescue of the petitioner. If the petitioner seeks any relief she can approach the concerned learned Judicial Magistrate where the First Information Report is now pending.

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4.With the above observation this Writ Petition is dismissed. No costs.

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Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
To
1.The District Collector,
Thiruvannamalai
Thiruvannamalai District
2.The Tasildhar
Thiruvannamalai
Thiruvannamalai District
3.The Inspector of Police,
Thiruvannamalai East Police Station,
Thiruvannamalai District.
+1cc to the Government Pleader Sr.4347
+1cc to Mr.M.Subash, Advocate Sr.4478
WP.NO.990 of 2020
BS(CO)
srg 28/02/2020

¶18

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

Kavitha v. The District Collector

Case brief

What is this about?

What did the court decide?

Kavitha v. The District Collector

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

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