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2019 Supreme(AP) 95

D.V.S.S.SOMAYAJULU
D. Desai Madhav – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant : O. Manoher Reddy.
For the Respondents: Public Prosecutor.

ORDER :

D.V.S.S. Somayajulu, J.

1. Both these applications arise out the Cr. No. 149 of 2019 dated 28-4-2019 on the file of the Station House Officer, Sri Potti Sriramulu, Nellore Rural, whereunder the applicants, who are A-1, A-3 to A-10 were accused of committing crimes under Section 420, 384 r/w 34 IPC and Sections 18 and 19 of the Transplantation of Human Organs Act, 1994 and also 3(1)(e) of the Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act (for short 'the SC ST POA Act').

2. A fatal accident that occurred on 17-4-2019 in which one Sri E. Srinivasulu died is the genesis of this entire case. The said Sri E. Srinivasulu was admitted into a hospital called Simhapuri Hospital in Nellore. The deceased was declared brain dead and later his organs were harvested. Basing on a press report, the District Administration initiated an enquiry into this episode. A Committee of Doctors enquired into the matter and came to the conclusion that the Hospital and the Doctors were guilty of illegally harvesting the organs and directed that action must be taken. Thereafter, a crime (149/2019) was registered and an investigation began. The petitioners moved an application for antici

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