1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.1464 of 2011 And M.P.(MD).No. 2 of 2011 C.Sivakumar ... Petitioner Vs. State represented by Inspector of Police Pasupathipalayam C-1 Police Station Karur District ... Respondent PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records of the above FIR in Crime No. 100 of 2006 on the file of the respondent police and quash the same as illegal. For Petitioner : Mr. C.Saravanan For Respondent : Mrs. S.Devasena Govt. Advocate (Crl. Side) O R D E R This Petition has been filed by the petitioner/accused seeking to quash the FIR filed in Crime No. 100 of 2006 on the file of the respondent police. 2.Heard Mr. C.Saravanan, learned counsel for the petitioner and Mrs.S.Devasena, learned Government Advocate (Criminal Side) appearing for State. 3.The learned counsel appearing for the petitioner would submit in his argument that the petitioner is a registered member of the Private Medical Practitioners' Association of India, Tamil Nadu Branch and he is practising for more than ten years in the Modern Allopathic System of medicine. He would further submit in his argument that the said Association has filed a Writ Petition before this Court in W.P.(MD). No.9691 of 2006, in which, this Court, on 06.04.2006, in W.P.M.P.(MD).No. 10792 of 2006 pleased to grant an order of injunction restraining the respondents including the police department from enforcing the penal provisions of Indian Medical Council Act and the Drugs and Costmetics Act as against the members of the said Association. He would further submit in his argument that the said interim injunction granted in the said proceeding is still being continued and the Writ Petition is still pending before this Court. However, contrary to the said order, the respondent police had registered a case against the petitioner in Crime No. 100 of 2006 for the alleged offence under Section 420 of IPC read with Section 15(2)(b) & 15(3) of the Indian Medical Council Act and remanded him to custody. However, the petitioner was later released on bail. He would further submit in his argument that the filing of the https://hcservices.ecourts.gov.in/hcservices/ 2 case against the members of the aforesaid Association is not at all lawful in view of the order passed by this Court in the writ proceedings. He would also submit in his argument that since the registration itself is not valid in law and against the order of the Court and the same may be quashed. 4. The learned Government Advocate (Crl. Side) would submit in her argument that the petitioner has to show that he is one of the members of the Association, namely, Private Medical Practitioners' Association of India, Tamil Nadu Branch. In the absence of such production of proof, the petitioner is liable to be proceeded against the violation of penal provisions. In the said circumstances, suitable orders may be passed depending upon the circumstances reagrding the proof of the petitioner as one of the members of the Private Medical Practitioners' Association of India, Tamil Nadu Branch. 5. I have given anxious consideration to the arguments advanced on either side. 6. The petitioner is said to be a member of Private Medical Practitioners' Association of India, Tamil Nadu Branch. In support of his argument, the petitioner has produced the registration of membership as No. 2305, dated 21.01.2006. According to the order passed by this Court which appears in page 4-A of the typed set, an interim injunction has been granted by this Court on 06.04.2006 in W.P.M.P.(MD).No. 10792 of 2006 in W.P.(MD).No.9691 of 2006. It is not disputed that the said injunction is still in force and the Writ Petition is also pending. Therefore, it could be perceived that the interim injunction would prohibit the launching of prosecution against the members of Private Medical Practitioners' Association of India, Tamil Nadu Branch in respect of violation of Indian Medical Council Act and Drugs and Cosmetics Act. But the respondent police had registered a complaint against the petitioner, who is also one of the members of the said Association. Therefore, the launching of prosecution against the penal provisions of Indian Medical Council Act and the Drugs and Costmetics Act is prohibited against the petitioner and other members of the said Association. Therefore, the respondent police ought to have dropped the case as to 'mistake of fact', but it is not done so and it is kept pending. When a filing of complaint itself is not in consonance with the order passed by this Court in the aforesaid writ proceedings, the registration of the complaint itself is found unlawful. Therefore, the said complaint registered in Crime No. 100 of 2006 on the file of the respondent police is liable to be quashed. 7. In pursuance of the FIR registered even before the passing of order of injunction, the investigation was done and the case was taken on file. The proceedings taken on the basis of the FIR and the charge sheet filed thereon and the case taken on file in C.C.No. 438 of 2010, before the learned Judicial Magistrate No.1, Karur, could not have been kept pending, in view of the order passed by this Court in the writ proceedings. The present proceedings if continued will not in anyway help the respondent, which would be depending upon the outcome of the Writ Petition. In this circumstances, the keeping of the proceedings arising out of the FIR in Crime No. 100 of 2006 is not at all helpful. Therefore, this Court is inclined to quash the FIR. https://hcservices.ecourts.gov.in/hcservices/ 3 8. Accordingly, the case in Crime No. 100 of 2006 on the file of the respondent police is quashed and the consequent charge sheet filed there on and the proceedings taken on file in C.C.No.438 of 2010, before the learned Judicial Magistrate No.1, Karur, are also liable to be quashed and this Petition is ordered. Consequently, connected Miscellaneous Petition is closed. vsg Sd/- Deputy Registrar[LA] /True copy/ Assistant Registrar To 1. The Judicial Magistrate No.1, Karur. 2. The Inspector of Police Pasupathipalayam C-1 Police Station, Karur District. 3. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD).No.1464 of 2011 And M.P.(MD).No. 2 of 2011 Dated:14.02.2011 3P/4C RPB 02.03.2011 https://hcservices.ecourts.gov.in/hcservices/