1 HN, J Crl.P.No.3555_2025 APHC010165562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3555/2025 Between: Tvsrkv Prasad ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. CHAMARTHY LEELA SRINNIVASA VARMA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 HN, J Crl.P.No.3555_2025 The Court made the following Order: 1. The petitioner is arraigned as an accused in C.C.No.1998 of 2021 on the file of the Additional Judicial Magistrate of I Class, Piler, Chittoor District, for the alleged offence under Sections 420, 188 of the IPC and Section 53 the Disaster Management Act, 2005. 2. The learned counsel for the petitioner submits that the Nodal officer has filed a complaint with the Station House Officer, Piler, alleging shortage of Remdesivir injections at the medical stores within the premises of Prasad Hospitals. It is also alleged that the hospital has charged huge amounts for treating the patients. Based on the complaint, the police have registered a case for the alleged offences under Sections 420, 188 of the IPC and Section 53 of the Disaster Management Act, 2005. 3. The learned counsel for the petitioner further submits that the Government has issued G.O.Rt.No.185, dated 30.04.2021 whereby the penalties to be levied in cases of overcharging of patients are outlined. Such hospitals have been prosecuted under the provisions of the IPC, besides actions under the Criminal Establishments Act. Section 60 of the Disaster Management Act reads as follows: ―Cognizance of offences,-- No court shall take cognizance of an offence under this Act except on a complaint made by – a) The National Authority, the State Authority, the Central Government , the State Government, the District Authority or 3 HN, J Crl.P.No.3555_2025 any other authority or officer authorized in this behalf by that Authority or Government, as the case may be; or b) Any person who has given notice of not less than thirty days in the manner prescribed, of the alleged offence and his intention to make a complaint to the national Authority, the State Authority, the Central Government, the State Government, the District Authority or any other authority or officer authorized as aforesaid.‖ 4. The ingredients of the complaint would not make out an offence under Section 53 of the Disaster Management Act, which reads as follows: ―53. Punishment for misappropriation of money or material, etc.—Whoever, being entrusted with any money or materials, or otherwise being, in custody of, or dominion over, any money or goods, meant for providing relief in any threatening disaster situation or disaster, misappropriates or appropriates for the own use or disposes of such money or materials or any part thereof or willfully compels any other person so to do, shall on conviction be punishable with imprisonment for a term which may extend to two years, and also with fine.‖ 5. The learned counsel for the petitioner also places reliance on the judgment of this Court passed in Criminal Petition No.9542 of 2022, where the offences under Sections 406 and 420 were made out against the accused therein. This Court had quashed the case pending on the file of the Judicial I Class Magistrate, Piler, but left open the option for the concerned authority to take against the concerned party. As per the Section 60 of the Disaster Management Act, it is for the Court to take cognizance upon receipt of a 4 HN, J Crl.P.No.3555_2025 complaint made by the National Authority, State authority or any other authority authorized in its behalf by the State. In the present case, the complaint was lodged by the Nodal Officer with the Piler Police Station and the investigation was conducted, and the charge sheet was filed. This is not in consonance with the provisions of Section 60 of the Disaster Management Act. Furthermore, that Section 53 of the Disaster Management Act is not applicable to the facts of the case. 6. Heard the learned Assistant Public Prosecutor. 7. Considering the same, C.C.No.1998 of 2021, on the file of Additional Judicial Magistrate of I Class, Piler, Chittoor District, is hereby quashed. 8. According, the Criminal Petition is allowed. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 02.04.2025 NKA 5 HN, J Crl.P.No.3555_2025 224 HONOURABLE SRI JUSTICE HARINATH.N Criminal Petition No.3555 of 2025 Date: 02.04.2025 NKA