IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATtf^ TUESDAY, THE EIGHTEENTH DAY OF FEBRUAR TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7095 OF 2022 Between: 1. Dr.Chilukoti Murali Krishna, Aged about 50 years, S/o.Varadaiah Chilukoti, Occ. Doctor and Proprietor of M/s Lotus Hospitals R/o. 16/2/50 and 51, Raghavacine Complex Road, Pogathota, Nellore, Andhra Pradesh-524001. Uppu Ajay Kumar, Aged about 31 years, S/o Narasimham, Occ. Manager, Working at Lotus Hospital, R/o. Vaddypalem, North Amuluru, Alluru (M), Nellore, Andhra Pradesh- 524315 2. ...PETITIONER/ACCUSED Nos.1 &2 AND The State Of Andhra Pradesh, Represented by the Station House Officer, Chinna Bazar P.S, SPSR Nellore District. Rep. Through the Public Prosecutor, State of Andhra Pradesh, High Court of Andhra Pradesh at Amaravati. 1. 2. Dr. K. Bramheswara Naidu, Aged about 35 years, S/o Bramhiah, Occ. Medical Officer, P.H.C, R/o Jagadevipet, Indukurpet Mandal, SPSR Nellore District, Andhra Pradesh ...RESPONDENT/COMPLAINANT that in the Section 482 of Cr.P .C praying Petition under circumstances stated in the Memorandum of Grounds of Criminal Petition, Quash the C.C.No.1196 of 2022 dated the High Court may be pleased to 22.03.2022 pending on the Nellore for the offences punishable under Sections 269, 270, 420, 336, 384, Penal Code and Section. 40, 41 of the Clinical file of II Addl. Judicial Magistrate of First Class 427 R/w. 34 of Indian Establishment (Registration and Regulation) Act, 2010. LA. NO: 1 OF 2022 that in the under Section 482 of Cr.P.C., praying Petition circumstances stated in the Memorandum of Grounds of Criminal Petition, be pleased to grant stay all further proceedings the High Court may including the appearance of the Petitioners in C C.No.1196 dated 22.03.2022 pending on the file of 11 Addl. Judicial Magistrate of First Class, Nellore. This Petition coming on for hearing, upon perusing the Memorandum Grounds of Criminal Petition and upon hearing the arguments of Sri N ASHWANl KUMAR, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent of The Court made the following ORDER : APHC010472442022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 7095/2022 Between: 1.DR.CHILUKOTI MURALI KRISHNA, AGED ABOUT 50 YEARS, S/O.VARADAIAH CHILUKOTI, OCC. DOCTOR AND PROPRIETOR OF M/S LOTUS HOSPITALS R/O.16/2/50 AND 51, RAGHAVACINE COMPLEX ROAD, POGATHOTA, NELLORE, ANDHRA PRADESH - 524001. 2.UPPU AJAY KUMAR, AGED ABOUT 31 YEARS, S/O NARASIMHAM, OCC. MANAGER, WORKING AT LOTUS HOSPITAL, R/0. VADDYPALEM, NORTH AMULURU, ALLURU (M), NELLORE, ANDHRA PRADESH- 524315. ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE STATION HOUSE OFFICER, CHINNA BAZAR P.S, SPSR NELLORE DISTRICT. REP. THROUGH THE PUBLIC PROSECUTOR, STATE OF ANDHRA PRADESH, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2. DR K BRAMHESWARA NAIDU, AGED ABOUT 35 YEARS, S/O BRAMHIAH, OCC. MEDICAL OFFICER, P.H.C, R/0 JAGADEVIPET, INDUKURPET MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1.N ASHWANI KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: 2 ORDER: The instant petition under Section 482 of Code of Criminal Procedure, has been filed by the Petitioners/Accused Nos.1 and 2, seeking quashment of the proceedings against them in C.C.No.1196 of 2022 on the file of the Court of II Additional Judicial Magistrate of First Class, Nellore for the offences under Sections 269, 270, 336, 384, 420 and 427 read with 34 of the Indian Penal Code, 1860^ and Sections 40 and 41 of the Clinical Establishment (Registration & Regulation) Act, 2010^. Heard Sri N.Ashwani Kumar, learned counsel for the Petitioners and 1 1973 2. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for Respondents. Learned counsel for the Petitioners would submit that the Petitioners 3. have obtained all the required permissions to run a COVID and Non-COVID hospital, vide Proceedings in Rc.No.D1/SPL/2020, dated 04.08.2020. Learned counsel would further submit that the allegations made in the complaint are absolutely baseless and false. It is submitted that, as on the date of the complaint, Petitioner/Accused No.1 holds necessary approval and sanction to operate the hospital at Sodhan Nagar as exclusive COVID-19 centre. Learned counsel would further submit that the Petitioners run the hospital to treat the COVID-19 patients during the pandemic and the Petitioner/Accused No.1 has treated a lot of patients during such pandemic 1 for short ‘Cr.P.C’ " for short ‘ IPC’ For short ‘ the Act’ and rendered services with utmost caution and care. Learned counsel would submit that the contents of the complaint as well as the charge sheet do not make out a case against the Petitioners for the alleged offences. Learned counsel would finally submit that there are no grounds to continue the proceedings against the Petitioners and hence, the same are liable to be quashed. Per contra, learned Assistant Public Prosecutor would submit that the 4. Petitioners have not obtained necessary permission from the Fire Department. Learned Assistant Public Prosecutor would further submit that there are specific allegations against the Petitioners in the commission of the alleged offences and the genuineness of the said allegations have to be decided during trial. Hence, prayed to dismiss the petition. Point for Determination Having heard the submissions of the learned counsel representing both the parties, now the point that would emerge for determination is: Whether there are any justifiable grounds for quashment of proceedings against the Petitioners/Accused Nos. 1 and 2 in C.C.No.1196 of 2022 on the file of the Court of II Additional Judicial Magistrate of First Class, Nellore? Determination by the Court A bare perusal of Section 482 makes it clear that the Code envisages that inherent powers of the High Court are not limited or affected so as to make orders as may be necessary; (i) to give effect to any order under the Code or, (ii) to prevent abuse of the process of any Court or, otherwise (iii) to 5. 6. secure ends of justice. A court while sitting in Section 482 jurisdiction is not functioning as a court of appeal or a court of revision. It must exercise its powers to do real and substantial justice, depending on the facts and circumstances of the case. These , powers must be invoked for compelling reasons of abuse of process of law or glaring injustice, which are against sound principles of criminal jurisprudence. 7. A bare perusal of the complaint would disclose that, on receipt of information. Respondent No.2, has conducted raid in Lotus Hospital, Sodhan Nagar Branch, Nellore and found that the Petitioners have been running the Covid hospital without obtaining any permission from the Government, further alleged that the Petitioners have been collecting huge amounts from the Covid patients towards fees without issuing any bills. It is 8. Admittedly, the Petitioners have been running M/s.Lotus Hospitals in two premises i.e., one at Pogathota Street and another at Sodhan Nagar, Nellore. In view of the increase of Covind-19 cases, the District Collector, Nellore had issued proceedings in Rc.No.D1/SPL/2020, dated 04.08.2020 to run the hospital under Category-B to treat both Covid and Non-Covid to the hospital at Pogathota. Thereafter, the Petitioners are also permitted to treat the Covid-19 patients at Sodhan Nagar branch, Nellore vide Proceedings in Rc.No.DCLR182/2020 dated 27.08.2020. Subsequently, as per the proceedings in File No.COLNLR-DSED/194/2020-SA(D2)-REV-NLR, dated 06.10.2020 the Government had de-notified the Lutus Hospital, Sodhan Nagar from Category-B and notified the same as Category-C (only for non-covid) 5 hospital alleging that the Petitioners’ hospital had violated the Covid-19 treatment protocols and caused inconvenience to the patients and also to the Government by not submitting the timely reports. Aggrieved by the said proceedings, the Petitioner/AccusedNo.1 approached this Court by filing W.P.No.19315 of 2020 and this Court vide Order dated 09.02.2021 set aside the said proceedings dated 06.10.2020 and remitted the same to the District Pursuant to the order dated 09.02.2021 of this Court, Collector. Petitioner/Accused No.1 was successfully operating the Lotus Hospital at Pogathota as non-covid facility and at Sodhan Nagar as covid facility. The material further discloses that, the Joint Collector (V & WS) and District Nodal Officer had issued proceedings in Rc.D2.194/2020 dated 15.04.2021 seeking explanation from Accused No.1 in respect of both the hospitals for which. Accused No.1 had issued a reply dated 20.04.2021. Subsequently, the Joint Collector vide Proceedings in Rc.D2.425/2021 dated 24.04.2021 once again notified the Lotus Hospital at Sodhan Nagar as designated Covid-19 Hospital. Thereafter, in view of the increasing demand in Oxygen, the Joint Collector vide Proceedings dated 07.05.2021, while notifying the distribution of Oxygen to the notified Covid-19 hospitals, and connecting with M/s.Sri Indira Industrial Gases, Padugupadu, Kovur, who are the notified suppliers of medical oxygen for Nellore, did not include the name of Lotus Hospital. Thereafter, inspite of the best efforts, as the Petitioners were unable to include the name of their hospital in the said list, they again approached this Hon’ble Court by way of filing W.P.No.9914 of 2021, wherein. 9. this Court vide order dated 10.05.2021 directed the District Collector to permit the Petitioners’ hospital to draw necessary medical oxygen from Indira Industrial Gases, Padugupadu, Kovur. It is the contention of the learned counsel for the Petitioners that, though 10. the above interim orders passed by this Court were communicated to the concerned authorities as well as M/s.Indira Industrial Gases, Padugupadu, Kovur, the concerned authorities did not allow Lotus Hospital at Sodhan Nagaf to draw Medical Oxygen from the said Company. The Petitioners have brought the same to the notice of this Court and this Court passed an interim order dated 17.05.2021 to extend the benefits of Oxygen supply and medicines till the explanation to the show cause notice is considered. Whereas, the present crime has been registered on 16.05.2021. In view of the above facts, as on the date of registration of the case, Petitioner/Accused No.1 held necessary approval and sanction to operate the hospital at Sodhan Nagar as exclusive Covid-19 centre. A Coordinate Bench of this Court in Dr.S.V.Krishna Reddy v. The State of A.P and another in Crl.P.No.6253 of 2022 dated 23.08.2022 held as 11. follows: “8. A reading of the above mentioned G.O would make it dear that if any hospital is indulging in irregularities of charging more than the rates as prescribed by the Government in G.O.Rt.No.185, dated 13.04.2021, a penalty for 10 times of additional charges would be levied for the first violation and in the event if it is found that the hospital is repeating the same, it shall be prosecuted as per the provisions of IPC, besides action as per the Clinical Establishment Act. 7 9. In the present case, it is not in dispute that the hospital in question had indulged in violation of Government Orders (G.Os) on one occasion, paid penalty for 10 times. However, in the absence of any material that it had violated the G. Os on more than one occasion warranting prosecution in terms of G.O.Rt.No.256, dated 28.05.2021, this Court has no option, except to concur with the contention advanced by the counsel for the petitioner. 10. Under the aforesaid facts and circumstances, continuation of proceedings against the petitioner for the first offence is not sustainable in the light of the G. Os referred to supra and the same are therefore liable to be interfered with in exercise of powers conferred under Section 482 Or. P. 0. 11. Accordingly, this Criminal Petition is allowed and the proceedings in C.C.No.990 of 2022 on the file of the Court of Learned II Additional Judicial Magistrate of First Class, Nellore, S.P.S.R Nellore District are quashed.” As per the above judgment, even if the Petitioners indulged in violation of Government Orders on one occasion, they shall be levied with penalty for 10 times and criminal action can be set into motion against the Petitioners, if the hospital/clinic establishment is found to be repeating the same irregularities on more than one occasion and can be prosecuted as per the provisions of IPC, besides under Clinical Establishment Act. Whereas, in the instant case, it is not the case of Resporident No.2 that the Petitioners have violated the G.Os on more than one occasion. 12. In view of the facts and circumstances of the present case and the 13. material placed on record, this Court is of the view that, there is no iota of evidence to show that the Petitioners have committed the offences alleged against them. In the absence of any prime facie material to connect the Petitioners with the said offences, this Court is of the view that it is a fit case for quashment of the proceedings against the Petitioners by exercising the jurisdiction under Section 482 Cr.P.C. 14. In the result, the Criminal Petition is allowed and the proceedings against the Petitioners/Accused Nos.1 and 2 in C.C.No.1196 of 2022 on the file of the Court of II Additional Judicial Magistrate of First Class, Nellore for the offences under Sections 269, 270, 336, 384, 420 and 427 read with 34 IPC and Sections 40 and 41 of the Clinical Establishment (Registration & Regulation) Act, 2010, are hereby quashed. Pending miscellaneous petitions, if any, shall stand closed. SD/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION officer To, 1. The II Additional Judicial Magistrate of First Class 2. The Station House Officer, Chinna Bazar Police Station SPSR 3. One CC to SRI. N ASHWANI KUMAR Advocate [OPUC] 4. Two CCs to the Public Prosecutor High Court of AP at Amaravati [OUT] 5. Three CD Copies Nellore. Nellore SD TAC HIGH COURT DATED:18/02/2025 ORDER CRLP.No.7095 of 2022 I 2 5 JUL 2025 oV mil S^atchb^ ALLOWING THE CRIMINAL PETITION