APHC010027802019

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3368]

(Special Original Jurisdiction)

WEDNESDAY,THE SEVENTEENTH DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI

WRIT PETITION NO: 1328/2019

Between:

1. K MAHESH BABU, KANCHARLA MAHESHBABU, S/O

NATHANI, AGED ABOUT ABOUR 27 YEARS, PEDALINGAMPADU VILLAGE, BIMADOLU MANDAL, WEST

GODAVARI DISTRICT , A.P

...PETITIONER

AND

1. THE STATE OF AP, THE STATE OF ANDHRA PRADESH,

REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT , SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI,

GUNTUR DISTRICT.

2. THE SUPERINTENDENT OF POLICE, THE

SUPERINTENDENT OF POLICE, ELURU, WEST GODAVARI

DISTRICT. ANDHRA PRADESH

3. THE STATION HOUSE OFFICER, THE STATION HOUSE

OFFICER, II TOWN POLICE STATION, ELURU, WEST

GODAVARI DISTRICT, ANDHRA PRADESH

4. DISTRICT MEDICAL AND HEALTH OFFICER, DISTRICT

MEDICAL AND HEALTH OFFICER. 0/O THE DISTRICT MEDICAL AND HEALTH OFFICE, ELURU ,WEST GODAVARI

DISTRICT,

5. DR E HARI BHAGAVAN M D, C/O CHAITRA HOSPITAL, OPP.

KPDT SCHOOL, ASHOK NAGAR, ELURU,W G DISTRICT.

6. DR KURAPATI VISWESWARARAO M S, C/O BHUVANESWARI

HOSPITAL, RAMA MAHAL,GENTS GATE ROAD

BENDAPUDIVARI STREET, ELURU ,W G DISTRICT.

7. DR KURAPATI SAVITRI M D, W/O VISWESWARARAO, AGED

ABOUT 50 YEARS, C/O BHUVANESWARI HOSPITAL, RAMA MAHAL,GENTS GATE ROAD, BENDAPUDIVARI STREET,

ELURU ,W G DISTRICT.

8. DR IRIGINENI CHENCHAIAH M S, AGED ABOUT 50 YEARS,

C/O AMULYA ORTHOPEDIC HOSPITAL, RAMA

MAHAL,GENTS GATE ROAD, BENDAPUDIVARI STREET ,R.R PETA, ELURU ,W G DISTRICT ...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of. action of Respondent no 4 in not taking steps to registering FIR with the respondents 2 to 3 under Section 193,196,199, 406, 408, 416,420 and 34 IPC IPC Read with section 9 and 11 of Andhra Pradesh private medical care establishments ( registration and regularization ) Act. 2002 and not conducting investigation against the Respondent No 5 to 8 for canceling their Hospital registration basing on the police report of the petitioner dated 07.01.2019 is illegal, arbitrary, unjust, unconstitutional and in violation of Sec.154 of Cr.P.C. and also in violation of Articles 14, 19 and 21 of the Constitution of India and consequently direct the 3nd respondent to register the FIR under section 193,196,199, 406, 408, 416, 420 and 34 IPC Read With section 9 and section 11 of Andhra Pradesh Private Medical Care Establishments ( Registration And Regularization ) Act, 2002 for cancelling the hospital registration of Respondents 5 to 8 , pursuant to the report dated 07.01.2019 IA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th respondent to invoke Section 9 and 11 of Andhra Pradesh Private Medical Care establishments (Registration and Regularization ) Act, 2002 against Respondents 5 to 8 pursuant to the report dated 07.01.2019 made by the petitioner pending disposal of the main Writ petition IA NO: 2 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 3rd respondent to register the FIR under section 193,196,199, 406, 408, 416, 420 and 34 IPC Read With section 9 and It 11 of Andhra Pradesh private medical care establishments ( registration and regularization ) Act, 200, against Respondent no 5 to 8 pursuant to report dated 07.01.2019 made by the petitioner pending disposal of the main Writ petition Counsel for the Petitioner:

1. TATA SINGAIAH GOUD Counsel for the Respondent(S):

1. GP FOR HOME (AP)

2. GP FOR MEDICAL HEALTH FW(AP)

3. SHAIK MOHAMMED ISMAIL The Court made the following:

THE HONOURABLE