✦ High Court of India · 31 Jan 2025

The High Court · 2025

Case Details High Court of India · 31 Jan 2025
Court
High Court of India
Decided
31 Jan 2025
Bench
Not available
Length
1,063 words

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 2745 OF 2025 Between: Dr. Antharvedi Tejaswini, W/o- Dr.K. Anveshan,.Aged about 37 yea.rs, Occ: Doctor, Partner of M/s. Sunseed Hospitals, Kushaiguda, Malkajigiri-Medchal District. ...PETITIONER AND 1 The Siate of Telangana, rep,by lts Principal Secretary Home Department, Secretariat, Hyderabad. 2 3 4 5 The Commissioner of Police, Rachakonda Commissionerate, Vayupuri, Sainikpuri, Ir4alkajigiri-N/edchal Dist. The Asst.Commissioner of Police, E O W Team-lll, Central Crime Station, D.D. Basheerbagh, Hyderabad. The Sub-lnspector of Police, EOW Team-lll, Central Crime Station, D D , Basheerbagh, Hyderabad. The District Registration Authority and District lVledical and Health Officer, Medchal, Malkajigiri-Medchal District. ...RESPONDENTS Petition under Articte 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly in the nature writ of mandamus declare the in action of the Respondents 3 and 4 herein trying to cancel the petitioner s medical certificate with the help of the 5th Respondent herein consequently to seize the sunseed Hospital situated at 1-10129111, Nagarjuna Nagar colony, Kushaiguda, Kapra, Hyderabad under [vlalkajigiri- Medchal Distriit and got issued a notice to the sth Respondent herein vide Notice No. 181/ACP/EOW T-llliCCS-DD/2024 dated 2411212024 is illegal, arbitrary and contrary to the provisions of law which was prescribed under the rules of Medical counsel as such it is just and necessary to direct the Respondents 2 to 4 nol to initiate any proceedings against the petitioners Hospital by the 5th Respondent herein. / lA NO: 1 OF 2025 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 stay all further proceedings in Notice No. 181/ACP/EOW T-llI/CCS-DD/2024 dated 2411212024 issued by the 3rd and 4th Respondents herein to the Sth Respondent herein till pending disposal of the main case otherwise that the petitioner herein will be put to a great loss and hardship. Counsel for the Petitioner: SRI DANTU VENKATA RAMANA SARMA Counsel for the Respondents: ASST. GP FOR HOME The Court made the following: ORDER - I Iuc*.rt-] HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WaIr Pettflox No.Zz+S ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: ".. ..to issue a writ or order or direction more parTicularlg in the noture wit of mand.amus declare the in oction of the respondent Nos.3 and 4 herein trytng to cancel the petitioner's medtcal certtrtcatu uith the help of the Sth respondent herein consequentlg to seize the Sunseed Hospital situated at 1-1O/29/ 11' Nagarjuna Nagar Colony, Kushaiguda, Kapra, Hyderabad under Malkajigiri- tWidchal Dbtict and got issued o notice to the 5h respondent herein uide Notice No.181/ACP/EOW T'nl/CCSDD/2024 dated 24/ 12/2024 is itlegal, arbitrary and contrary to the prouisions of latu tuhich u,tas prescibed under the ntles of MedicaL Counsel as such it is just and necessary to direct the respondent Nos'2 to 4 not to initiate any proceedings against the petitioner's Hospital bg the sth respondent herein-. . . "

2. Considered the submissions of the iearned counsel for the respective parties and perused the record.

3. It is stated that the petitioner herein is an Ophthalmologist and obtained qualified certificate bearing Registration No.16112OO7OO|, dated 22.09.2021 from Kaloji Narayana Rao University of Health Sciences and has also submitted an application vide No.1719 (MDCL) dated 23 'O3 '2023 before respondent No.S for medical license and obtained all other necessary permissions for practicing as a doctor' It is further \ !L- ') stated that acting on the complaint submitted by M/s. Clix Capital Se rvices Private Limited, respondent No.3 registered a case in Crime No. l8l of 2024 for the offences punishable under Sections 42O and 406 r lw .l2O of IPC against the petitioner and her husband. The case of the petitioner is that respondent No.4 issued a notice vide No. 181/ACP/EOW T-lll/CCS-DDl2O24 dated 24.72.2024 under Section 94 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to respondent No.S directing to submit the application No.1719 (MDCL), dated 23.O3.2023 and also the other relevant documents, which were submitted by her before respondent No.5. The grievance of the petitioner is that with the help of respondent No.5, the respondent-police are trying to cancel her medical certifrcate and even after receiving all the relevant documents required for the purpose of investigation, they are frequently summoning her to produce additional documents required for the purpose of further investigation.

4. In view of the above, this Court is of the opinion that ends of justice would be met if the petitioner is directed to furnish the information and all the relevant documents to the respondent- police through Registered Post forthwith, required for the purpose of investigation in Crime No.18I of 2024. If any I additional information is required for the purpose of further investigation, the respondent-police are directed to issue notice to the petitioner specifying time and date so as to enable her to appear before them. It is made clear that except following the above said procedure, the respondent-police shall not insist the petitioner either for appearance or for submission of the additional documents, which are not required for the purpose of further investigation.

5. With the above observations this Writ Petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions pending, if any' shall stand closed. //TRUE COPY' SD/-A,V.S.PRASAD ASSISTANT REGISTRAR / CTION OFFICER

5. 6 7 8 The Principal Secretary Home Department, The State of Telangana' Secretariat, HYderabad. Yh;' C;;;i;.i"""i oi potic", Rachakonda commissionerate' Vayupuri' Sainikpuri, Malkajigiri-triledchal Dist' iilA5;i.'d;;;;ion"r. or p"ii.", E o w ream-lll' central crime Station' D.D. Basheerbagh, HYderabad if1; S"r1-rn#"c6r'ot'f'otice,*ibW Team-ltl, Central Crime Station' D D Basheerbagh, HYderabad. The District Reqistration Authority and District [\4edical and Health Officer' Medchal, Malkrjigiri-Medchal District' one cc to sRl DANTU vEilk-niXirnrr/lANA SARMA' Advocate toPUCl itlj" dd.'i" cp ron HomE, iiis'h &'i,rri i"i tfu State of Telansana [oUr] Two CD CoPies BN GJP ' To, t^ HIGH COURT DATED:31 10112025 ORDER WP.No.2745 of 2025 /6";Q5 6"" ^**s 3 'n \\ .,''';',! q4 IJ ,l DISPOSING OF THE WRIT PETITION WITHOUT COSTS qn8

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