Medical Superintendent, Government Area Hospital, Vanasthalipuram, in vs Bench of Hon

FIR No. 30112021 , dated 21612021 of police Station Chaitanyapuri, which is a glaring violation of my fundamental right guaranteed Article 14, 21 of tndian constitution, law laid down by Honourable supreme court of lndia in case of state of Jharkhand Vs Shailender Kumar Rai @ pandav Rai, Hon'ble constitution Bench of Honourable Supreme court of lndia in cise of Menaka Gandhi Vs Union of lndian (Passport impounding case 1978), Arnab Manoranajan Goswami vs state of Maharastra and another, and consequenfly direct the despondent No.2- commissioner, Vaidya Vidhana parishad, Telangana state and Respondent No. 3-Medical Superintendent, Government Area Hospital, Vanasthalipuram, Ranga Reddy District to initiate action against Sth Respondent-Dr. p. Vijaya Laxmi, fir violating lhe law laid down by Honourable Supreme court of lndia in tase of State of Jharkhand Vs shailender Kumar Rai @ pandav Rai in giving mendacious medical opinion dated z9lgl2021 in FIR No. 30112021 , iared- 216t2021 by conducting prohibited two-finger test to the defacto complainant, considering irrelevant fact i.e status of Hymen tear, stricfly following the law laid down by Honourable Supreme court of lnida in case of State of Jharkhand vs shailehder Kumar Rai @ Pandav Rai (Para No.68) with true letter and spirit, in the interest of Article 1 4, 21 , 141 of Constitution of lndia. lA NO: 1 OF 202s Petition under Sectron 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 2nd Respondent-The commissioner, Vaidya Vid-hana parishad. Telangana state to issue directions to all the District Hospitals/Government area Hospitals/community Health centres functioning under his control to scrupulously follow the law laid down by Honourable supreme court of lndia in case of state of Jharkhand Vs Shailender Kumar Rai @ pandav Rai, stricfly adhering to Article 14't of Constitution of lndia with true letter and spirit. Counsel for the Petitioner: SRI B. SUBASH Counsel for the Respondent No.1,2 & 6: Gp FOR HOME counsel for the Respondent No.3 & 4: SRI PAVAN KUMAR ADITYAM Counsel for the Respondent No.S: - - - - The Court made the following: ORDER !I 'w N, 1 ITI o A H 0 ORDER: It is the grievance ofthe petitioner that the 5tr respondent-Dr' P' Vijayalakshmi is giving mendacious medical opinion dated29'09'202L in respect of the crime registered vide FIR No'301/2021 dated O2.O6.2O2l,ofChaitanyapuriPoliceStation,registeredfortheoffences punishable under Section 363,376(2)(nl IPC and Secrion 5[1) read with 6 ofPOCSO Act,2OL2. Heard learned counsel for the petitione4 and learned Government Pleader for Home appearing for respondent No'6' Perused the record' Learned Government Pleadec on the basis of written instructions dated2l..0l..2025receivedfromtheSubInspectorofPolice, Chaitanyapuri Police Station, Rachakonda Commissionerate' submits that the petitioner has not sought any specific relief against the 6e respondent. It is however stated that the police have investigated into ( the matter and filed charge sheet in the court of special sessions court fortrialanddisposalofPoCSoAct,2012,andthecaseistakenonfileas Sessions Case No.23 of202l- Considering the submissions made, considering the specific grievance of the petitioner that he submitted a representation dated I 2 L2.07.2025 before respondent Nos.2 and 3 requesting to take action against respondent No.S, in accordance with law in the light of the judgment of the Hon' ble Supreme Court in State of fharkhand v. Shailender Kumar Rai @ Pandav Rail and similar other judgments of the Hon'ble Supreme Court, this Court deems it appropriate to dispose of the writ petition with a direction to respondent No.2-Commissione4, Telangana State Vaidya Vidhana Parishad, to consider the representation dated 12.01.2025 filed by the petitioner and dispose of the same strictly in accordance with law by affording an opportunity of hearing to the petitioner and other stakeholders, within a period of eight weeks frorn the date of receipt of a copy of this order. The writ petition is, accordingly, disposed of with the above direction. N o costs. Miscellaneous petitions pending, if any, shall stand closed. 2022 LiveLaw (sc) 8e0 \ To, //TRUE COPY// S D/. P. PADMANABHA REDDY GISTRAR [J\ / OFFICER

2. J.

4. The princioal Secretary, Home Department, The State of Telangiana' Secretariat' Hvderabad - 500 022. The Commissioner, Telangana State Vaidyq Vidhana Parishad' Sultan Bazar' Kothi' Hvderabad - 001 . The trledical Superintendent, Government Area Hospital' Vanasthalipuram' Hvderabad - 500 070' T6e civil Assistant surgeon, obstetl-cs. and. Gynecology, Govt Area Hospital' yi:t..j,*nu:[.IJf'il3it*?31ffi ri eoriie station, Rachakonda commissionerate, At DrlsukhnaSar' ryyqqF91g - 5uu uou jqiETEAUXii{!ffiHffi5[i#J$:EL??:':r,"naroUrl b 7 8 I c- ,Pi:EE Two CD CoPies BN GJP i I j : I a CC TODAY HIGH COURT DATED:2210112025 i I ORDER WP.No.1650 of 2025 I t .a o o ( r-t 14 14: o: 2 7 JAt'l t\ ? \ D..^ DISPOSING OF THE WRIT PETITION WITHOUT COSTS 9,6 :rL+t # 1: .i.b, s*