THE HON'BLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.3889 OF 2021

ORDER :

The present criminal petition is filed by the petitioner/accused No.1 under Section 482 of Cr.P.C., seeking to quash the proceedings in CC No.1027 of 2021 on the file of the learned II Metropolitan Magistrate-cum-II Additional Junior Civil Judge, Rachakonda at LB Nagar, Ranga Reddy District, arising out of Crime No.1540 of 2020 of LB Nagar Police Station, Rachakonda.

2. Heard Sri C.Ruthwik Reddy, learned counsel for the petitioner and Sri E.Ganesh, learned Assistant Public Prosecutor appearing for the State/respondent No.1. Though notice is ordered, none appeared for the respondent No.2.

3. Brief facts of the case are that on 19.12.2020 at about

22.00 hours, the 2nd respondent, who is a doctor in Shresta Orange Hospital, lodged a complaint with the police complaining that when the management of Shresta Orange Hospital, LB Nagar expressed their intention to dispose of their hospital, she along with others formed into a partnership and took over the management and that during Covid period, when the doctors were not coming forward to interact with the patients, the petitioner volunteered to counsel the patients stating that he was the consultant for Balala Hakkula Sangam and other hospitals and that he is the nephew of Sri Achyuta Rao, founder member of Balala Hakkula Sangam and that he was the main consultant in the sensational Prathyusha case. Believing the words of the petitioner, he was assigned the work of counselling the patients in the hospital of the 2^nd respondent without knowing the fact that he was not a qualified doctor. Accordingly, FIR No.1540 of 2020 was registered against the petitioner for the offence punishable under Section 420 IPC and upon completion of investigation, charge-sheet was laid and was numbered as CC No.1027 of 2021 on the file of the trial Court.

4. Questioning the array of the petitioner as accused in the said calendar case, the petitioner filed the present criminal petition seeking to quash the proceedings against him mainly contending that the 2nd respondent deliberately filed the present case to gain shelter from the case in Crime No.1512 of 2020 registered against the petitioner herein and the hospital management for the offences under Sections 304-2, 336, 384 and 420 read with Section 34 of IPC, basing on the complaint of E.Varun Kumar complaining death of his father E.Bhaskar Rao on 04.07.2020 while obtaining treatment in the hospital of the 2^nd respondent and their refusal for handing over corpse of his father demanding Rs.3,00,000/- and abusing the said Varun Kumar in unparliamentary language. In the said case, the petitioner is arrayed as accused No.1 and the management of the 2^nd respondent is arrayed as accused No.2. Further, during the year 2012 the petitioner was working as medical administrator under the 2^nd respondent in Jeevan Hospital and Shresta Orange Hospital, which are under one management and that he did not represent himself as a qualified doctor and medical practitioner and that he has been rendering services to the management as an employee by drawing salary. He did not represent that he was a consultant at Balala Hakkula Sangam. The hospitals will not engage the doctors without verifying the educational qualifications and they retain the original certificates of the doctors while appointing them. The police without conducting the investigation in a proper way have filed the charge- sheet at the instance of the 2nd respondent without there being any ingredients to attract the offence under Section 420 of IPC. Thus stating, he requested to allow the present criminal petition.

5. On the other hand, the learned Assistant Public Prosecutor vehemently opposed the present petition mainly contending that trial is in active progress and without conducting thorough trial the true set of facts will not be elicited and hence, the interference of this Court is unwarranted.

6. Having heard the submissions made