Kiruthiga vs The Superintendant Of Police
2021 Latest Caselaw 24665 Mad

                                                                         Crl.O.P(MD)No.19950 of 2021


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 15.12.2021

                                                     CORAM :

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                          Crl.O.P(MD)No.19950 of 2021

                     Kiruthiga                                    ... Petitioner
                                                         Vs.

                     1.The Superintendant of Police,
                       Sivagangai,
                       Sivagangai District.

                     2.The Sub Inspector of Police,
                       Karaikudi North Police Station,
                       Karaikudi,
                       Sivagangai District.                              ... Respondents


                     Prayer: This Criminal Original Petition is filed under Section 482 of

                     Cr.P.C., 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 name and style of Elite Beauty and Auyrivedic SPA,

                     No.13/3, 2nd Floor, Greens Road, Periyar Selai Backside, Karaikudi,

                     Sivangai District.



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                                                                              Crl.O.P(MD)No.19950 of 2021


                                        For Petitioner      : Mr.B.Micheal Sebastin
                                        For Respondents : Mr.M.Sakthi Kumar,
                                                         Govt. Advocate (Crl. Side).


                                                         ORDER

Heard the learned counsel on either side.

2.The petitioner alleges harassment at the hands of the

respondents. The petitioner states that she is running an Ayurvedic Spa

in the petition mentioned address. The petitioner has employed qualified

therapists. The petitioner's counsel draws my attention to the various

orders passed by the by the Principal Seat of this Court in this regard.

3.The learned Government Advocate (Crl. Side) states that no

complaint has been received against the petitioner and no FIR has been

registered against the petitioner.

4.This Court, in similar circumstances, following the ratio laid

down by this Court in the judgment report in 2015(1) MLJ 308 [Masti

Health and Beauty Private limited & Others V. The Commissioner of

Police, Chennai City], disposed of the Writ Petition in W.P.No.9380 of https://www.mhc.tn.gov.in/judis

Crl.O.P(MD)No.19950 of 2021

2016, by order dated 14.03.2016, by directing the respondents-police to

comply with the directions/conditions imposed in paragraph 67 of the

order in the judgment reported in 2015(1) MLJ 308 (cited supra) and

further made it clear that the petitioner therein under the guise of

carrying on business activity shall not indulge in any unlawful or illegal

activities detrimental to law and order or public order.

5.Since the issue involved in the present Criminal Petition is

identical to the issue involved in W.P.No.9380 of 2016, it is relevant to

extract para 67 of the order passed in 2015(1) MLJ 308 (cited supra),

which reads as follows:-

“67.In the light of the above, all the writ petitions are disposed of to the following effect :

(i) The respondents shall not, as a matter of routine and without any basis, conduct any raids and interfere with the business carried on by the petitioners;

(ii) In specific cases where the police have reasonable grounds to believe that an offence punishable under the Immoral Traffic (Prevention) Act has been or is being committed, it is open to the police to take action, after scrupulously following all the steps indicated in Section 15 of the said Act. The steps to be followed are narrated by me in paragraph 28 above; and

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Crl.O.P(MD)No.19950 of 2021

(iii) Based upon the laws enacted in various States of the United States of America and Singapore, which I have dealt with in paragraphs 39 to 54, the respondents may take appropriate steps for bringing in either a new legislation or a subordinate legislation in terms of the provisions of the Chennai City Municipal Corporation Act or the Chennai City Police Act, so that public order, decency and morality, which can form the basis for a regulatory law under Article 19(2) of The Constitution, are taken care of. The Government shall file a report on or before 31.3.2015, before this Court, about the decision taken. No costs. Consequently, all connected pending MPs are closed."

6.In the light of the said order, the Criminal Original Petition is

disposed of by directing the respondent police to comply with the

directions imposed in para 67 of the order as extracted above. It is also

made clear that the petitioner under the guise of carrying on business

activity shall not indulge in any unlawful or illegal activities detrimental

to law and order or public order.

15.12.2021 Index :Yes/No Internet : Yes/No ias

https://www.mhc.tn.gov.in/judis

Crl.O.P(MD)No.19950 of 2021

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, Sivagangai, Sivagangai District.

2.The Sub Inspector of Police, Karaikudi North Police Station, Karaikudi, Sivagangai District.

https://www.mhc.tn.gov.in/judis

Crl.O.P(MD)No.19950 of 2021

G.R.SWAMINATHAN, J.

ias

Crl.O.P(MD)No.19950 of 2021

15.12.2021

https://www.mhc.tn.gov.in/judis