Andhra Pradesh High Court - Amravati
Nimmagadda Upendranth, vs The State Of Andhra Pradesh on 24 June, 2021
Author: Cheekat! Manavendranath Roy
Bench: Cheekat! Manavendranath Roy
[0]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY, THE TWENTY FOURTH DAY OF JUNE
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE CHEEKAT! MANAVENDRANATH ROY.
{A No. 1 OF 2021
IN
WP NO: 12137 OF 2021
Between:
1. Nimmagadda Upendranth, Aged about 79 Years, S/o. N.Sambasiva Rao, R/o.
Quarters no-3-1-11, NRI Academy campus, Gowtham Budha road, Chinakakani,
Guntur, Andhra Pradesh 522503.
2. Mani Akkineni, Aged about 74 Years, W/o. Sudarsana Rao Akkineni, Occ.
Doctor, R/o. H.No 59-8-2/1, Flat No-105, Trendset Harmony Apartments, Gayatri
Nagar, Vijayawada (Urban), Krishna District, Andhra Pradesh.
3. Dr.Polavarapu Raghava Rao, Aged about 83 years, S/o. Polavarapu Jaganada
Rao, Occ. President NR] Academy of Sciences, R/o. 32 4-10a, Uma Maheswara
Street, Prajasakthi Nagar, Viiayawada (urban), Venkateswarapuram, Vijayawada
(urban), Krishna District, Andhra Pradesh, 520010
.. Petitioners
(Petitioners in WP 12137 OF 2021
on the file of High Court)
AND
1. The State of Andhra Pradesh, Represented By its Principal Secretary, Home
Department, A.P Secretariat, Velagapudi, Guntur District.
2. The Director General of Police, State of Andhra Pradesh, Mangalagiri,
Amaravati, Andhra Pradesh.
The Superintendent of Police, Guntur District.
. Station House Officer, Mangalagiri (Rural) P.S, Guntur District, Andhra Prades
_Respondent(s)
(Respondents in-do-)
ao
Counsel for the Petitioners: SRILN.ASHWANI KUMAR
Counsel for the Respondents: GP FOR HOME
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 direct the 4th
Respondent not to interfere with the day to day affairs of the Petitioners in management
of NRi Academy of Sciences, Mangalagiri, Guntur District especially in conducting the.
Extra Ordinary General Body meeting scheduled on 24.06.2021, pending disposal of
the Writ Petition No.12137 of 2021, on the file of the High Court.
The court while directing issue of notice to the Respondents herein to show
cause as to why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the case).
The Court made the following:
ORDER:
This matter is taken up by way of House Motion as per the orders of the Hon'ble the Chief Justice, at 6.45 A.M. today i.e. 24.06.2021 in view of the urgency expressed by the learned counsel for the petitioners that General Body meeting of the NRI Academy of Sciences, Chinakakani Village, Mangalagiri Mandal, Guiitur District, is scheduled to be held today at 8.00 A.M. and that there is threat of very much essential to cater the needs of the patients in the said hospital. Therefore, he would pray for passing of similar order not to take any coercive steps against the petitioners herein also.
Learned Government Pleader for Home opposed the prayer. He would submit that even a copy of the F.I.R. is not produced by the petitioners in this matter. He further submits that a case for the offences punishable under Sections 120-B, 409, 471, 420 and 506 riw.34 of IPC was registered against the petitioners with the allegations that they have misappropriated the Society funds oad siphoned of the same after entering into a conspiracy with each other and committed criminal breach of trust. Therefore, he would submit that the matter requires investigation in view of the seriousness of the allegations. He would further submit that the petitioners are not entitled to any such order in the facts and circumstances of the case, not to take any coercive steps against the petitioners and thereby prayed to reject the said prayer.
It is not disputed that the petitioners are doctors by profession and that they are members of the said registered Society. It is also not disputed that the said NRI General Hospital is a Covid dedicated hospital and that all the doctors including the petitioners are attending to the Covid patients in the said hospital. As the copy of the F.I.R. is not furnished to the petitioners, the same is not filed before this Court to know the nature of the allegations that were ascribed against the petitioners. Even the learned Government Pleader for Home also expressed Sis inability to furnish the said copy of the F.I.R., stating that as House-Motion is moved that the papers are furnished to him only last night. Therefore, as the copy of the F.LR. is not before this Court, the correct nature of the allegations ascribed against the petitioners could not be ascertained. However, as it is stated that after the said Crime was registered, against the petitioners on a report lodged with the Police by an Office Assistant, working in the NR} Hospital, on the directions of one Mukkamaila Appa Rao, as a case in Crime No.346 of 2021 for the aforesaid offences, this Court is of the considered view that investigation shall go on to find out the truth or otherwise of the said allegations and the same cannot be interdicted.
SRE However, considering the fact that the petitioners are doctors by profession and also the directors of the said Society, whose presence is also required to participate in the said General Body meeting that was scheduled to be held at 8.00 A.M. today and as their presence is also required to treat the Covid patients as the said Hospital is now Covid dedicated hospital and in view of the earlier orders passed by this Court in Crl.P.No.2634 of 2021, a copy of which is now made available at page No.23 of the material papers, directing the police not to take coercive steps against the accused/doctors therein until further orders, this Court is also of the considered view that the petitioners herein are also entitled to the similar protection till the next date of hearing.
Learned Government Pleader for Home would submit that in view of the judgment of the Apex Court in the case of Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra' that no such order of not to take coercive steps should be ordered, it is to be noticed that the Supreme Court also opined that in rarest of rare cases and in appropriate cases, where the facts of the case attract the ratio laid down in State of Haryana v. Bhajan Lal''s case, that the Courts can pass such orders in the interest of justice.
In the instant case, the F.1.R. is not before this Court. The matter requires examination to ascertain whether the facts of the case prima facie constitute any offence against the petitioners, for which the F.L.R. is registered or not, in the main Writ Petition after the copy of the F.I.R. is produced before this Court and after the counter-affidavit is filed by the respondent police officials and also after - the de facto complainant is added as a party respondent to this Writ Petition and after hearing him. Therefore, till such time, this Court is of the considered view in the peculiar facts of the case that the petitioners are entitied to the said protection and more particularly in view of the earlier order passed by this Court in Cri.P.No.2634 of 2021.
Therefore, while permitting the investigation to go on in Crime No.346 of 2021 said to have been registered against the petitioners, there shall be a direction to the respondent police officials and particularly to the Investigating Officer not to ' AIR 2021 SC. 1918 ? 1992 Supp.(1) SCC 335 = 1992 CriL] 527 take any coercive steps, including arrest, against the petitioners, till the next date .
of hearing.
As the General Body meeting of the said Society is scheduled to be held at 8.00 A.M. today i.e. 24.06.2021, learned Government Pleader for Home is directed ta inform about the order passed by this Court not to take coercive steps, including arrest of the petitioners herein, to the respondent police officials and to the Investigating Officer, to give effect to the order passed by this Court.
Sd/- M. SRINIVAS -
ASSISATNT REGISTRAR Le Ft TRUE COPY! oe cor SECTION OFFICER To,
1. The Principal Secretary, Home Department, State of Andhra Pradesh, A.P Secretariat, Velagapudi, Guntur District.-
2 The Director General of Police, State of Andhra Pradesh, Mangalagiri, Amaravati, Andhra Pradesh.~
3. The Superintendent of Police, Guntur District. ~ .
4. Station House Officer, Mangalagiri (Rural) P.S, Guntur District, Andhra Pradesh.(1 to 4 By RPAD) -~
5. One CC to SRINASHWANI KUMAR Advocate [OPUC] -
6. Two CCs to GP for Home, High Court Of Andhra Pradesh. [OUT] °
7. One spare copy
-MHIGH COURT CMR DATED:24/06/2021.
NOTE: POST AFTER THREE WEEKS ORDER
1.A.NO.1 OF 2021 IN WP.No.12137 of 2021 'DIRECTION a 25 JUN 021 Xe y Poe mg an he"
Salk S parine Sacha eeeree tal