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2011 Supreme(AP) 637

NOOTY RAMAMOHANA RAO
V. Prem Sagar – Appellant
Versus
Joint Civil Surgeon – Respondent


Advocates appeared:
V.O. Rajaveer, Counsel for the Petitioner; Government Pleader for Medical and Health, Counsel for the Respondent Nos.1 to 3 and Government Pleader for Home, Counsel for the Respondent No.4.

ORDER

This writ petition has been instituted seeking a writ of mandamus for striking off the false report/opinion of DNA/334/2009, dated 25.5.2010, rendered in connection with CC No.488 of 2010 (Crime No.130 of 2009) on the file of the VII Additional Judicial First Class Magistrate, Rajahmundry and to declare the same as illegal.

2. This writ petition appeared in the list for the first time on 5.8.2011 and after hearing the learned Counsel for the petitioner, I directed the learned Government Pleader for Home to make available the investigation report in the matter, before me. Thereafter the case appeared on 9.8.2011, 10.8.2011, 11.8.2011 and 12.8.2011, but I did not have the benefit of hearing the learned Counsel for the petitioner. However, Ms. Niyathi, learned Assistant Government Pleader for Home has produced the record for my consideration.

3. It is stated that the petitioner was carrying on business at Kakinada, East Godavari District. Serious allegations have been leveled by the petitioner about the nature and conduct of the 5th respondent herein. It is submitted that the 5th respondent has unjustly implicated the petitioner as responsible for her pregnancy and started threaten


























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