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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, J
M.Thiyagarajan – Appellant
Versus
Inspector of Police – Respondent
ORDER :
Crl.O.P.No.7478 of 2024 has been filed to quash the entire proceedings in C.C.No.27 of 2024 on the file of the learned Judicial Magistrate No.I, Tirupathur.
2. Crl.O.P.No.7480 of 2024 has been filed challenging the final report in C.C.No.26 of 2024 on the file of the learned Judicial Magistrate No.I, Tiruattur and also for re-investigation of the First Information Report in Crime No.372 of 2023 on the file of the second respondent Police.
3. The petitioner is a doctor and he is running a clinic under the name and style of 24x7 Poison & Emergency Care Hospital at No.8/16, Hanumantha Ubasagarpettai, Tirupattur District. While that being so, on 12.09.2023, at about midnight 12.00 o'clock, when the petitioner was in the clinic, the second respondent came to his clinic complaining of stomach pain. She went to his room and the petitioner asked her to lie down on the bed. He checked her stomach, removed her pant, and touched her private part. When the second respondent questioned him, he misbehaved with her. Immediately, she came out of his room and informed her brother, who had also gone to the clinic with the second respondent. They went home, and all her relatives came to the clin
The High Court cannot quash criminal proceedings based on merits; such determinations must be made by the trial court after evaluating evidence.
The court established that mere hesitation to treat does not constitute an offense under Section 354 IPC without intent to outrage modesty.
The court held that the police had not conducted a preliminary inquiry before filing the complaint against the petitioner, as required by law, and that the alleged offense fell under the definition o....
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