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2025 DAILYLAW 66629 (MAD)

P.M.RUPA v. The Joint Commissioner of Police,

WP Crl./376/2025 · 2025-07-25

P Velmurugan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.Crl.No.376 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.07.2025 CORAM THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.Crl.No.376 of 2025 P.M.Rupa ... Petitioner Vs. 1. The Joint Commissioner of Police, Mylapore, Chennai – 600 004. 2. State rep.by The Inspector of Police, E1 Mylapore Police Station, Chennai. ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, praying to issuance of Writ of Mandamus, directing the 2nd respondent to re-open the premises situated at No.6/8, 3rd Floor, Bishop Wallers Avenue South, Mylapore, Chennai – 04. For Petitioner : Mr.G.Saravana Kumar For Respondents : Dr.C.E.Pratap Government Advocate (Crl.Side) 1/5 https://www.mhc.tn.gov.in/judis W.P.Crl.No.376 of 2025 O R D E R The Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the 2nd respondent to re-open the premises situated at No.6/8, 3rd Floor, Bishop Wallers Avenue South, Mylapore, Chennai – 04. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for respondents and perused the materials available on record. 3. Learned counsel for the petitioner submitted that petitioner is running a therapy centre at No.6/8, 3rd Floor, Bishop Wallers Avenue South, Mylapore, Chennai – 04, after obtaining licence and other necessary requisites from the competent authority. However, the second respondent-Police made an illegal demand and also threatened to foist a false case against him. Hence, the petitioner preferred complaints to the first respondent herein and Commissioner of Police and others. In order to take wreak vengeance, the second respondent-Police conducted a raid 2/5 https://www.mhc.tn.gov.in/judis W.P.Crl.No.376 of 2025 in the business premises of the petitioner and filed a false case against the petitioner and locked the said premises. Hence, the present petition. 4. Learned Government Advocate (Crl.Side) appearing for the respondents-Police, on instructions, submitted that earlier the petitioner filed a writ petition in W.P.No.25268 of 2022 seeking a direction to the second respondent to issue ''No Objection Certificate'' to run the petitioner's Spa centre in the subject premises. This Court vide order dated 20.09.2022 disposed of the petition on certain conditions. However, as the petitioner had violated the conditions imposed in the approval/licence/permission, the second respondent-Police registered a case in Crime No.68 of 2025 against the petitioner herein and another for the offences punishable under Sections 3(2)(b), 4(1) and 5(1)(a) of Immoral Traffic (Prevention) Act, 1956. He further submitted that investigation is almost over and charge sheet will be filed shortly. 5. Considering the facts and circumstances and also considering the submissions of learned counsel on either side, this Writ Petition is disposed of with a direction to the second respondent-Police to complete 3/5 https://www.mhc.tn.gov.in/judis W.P.Crl.No.376 of 2025 the investigation and file a final report within a period of one month from the date of receipt of a copy of this order. However, it is always open to the petitioner to avail his remedy before the appropriate forum, after filing of charge sheet by the second respondent-Police, if he so desires. 25.07.2025 Index: Yes/No Speaking Order : Yes/No Neutral Citation Case : Yes/No ms To 1. The Joint Commissioner of Police, Mylapore, Chennai – 600 004. 2. The Inspector of Police, E1 Mylapore Police Station, Chennai. 3. The Public Prosecutor, High Court, Madras. 4/5 https://www.mhc.tn.gov.in/judis W.P.Crl.No.376 of 2025 P.VELMURUGAN, J ms W.P.Crl.No.376 of 2025 25.07.2025 5/5 https://www.mhc.tn.gov.in/judis