SUBIN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The petitioner approaches this Court with a prayer to to allow the criminal original petition and set aside the order passed in Copy Application No.438 of 2010 on the file of the Principal District Munsif cum Judicial Magistrate, Eraniel dated 06.07.2010.

(2.) The learned counsel appearing for the petitioner would submit that the petitioner is running a Homeopathy Medical stores in the name and style of St.Mary's Homeopathy Clinic having licence TNK/27/20C and on 17.06.2010, the respondent police preferred an application before the Principal District Munsif cum Judicial Magistrate, Eraniel, seeking permission to search the petitioner's shop alleging that the petitioner has sold illegal medicine and the learned Judicial Magistrate has also granted permission to search the premises of the petitioner. When the petitioner came to know about the said search order, he filed a copy application in C.A.No.438 of 2010 to furnish the copy of the search order dated 17.06.2010, the learned Judicial Magistrate returned the same with the following endorsement:

(3.) The learned Government Advocate (criminal side) would submit that as per the circular of this Court, the petitioner is not entitled to get the copy of search order and he prayed for the dismissal of the application.