Telangana High Court
Merugu Chandramohan vs The Principal Secretary on 11 April, 2023
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.9952 OF 2019
ORDER:
Heard learned counsel for the petitioner, learned Government Pleader for Medical and Health appearing on behalf of respondent Nos.1 and 2, learned Government Pleader for Home appearing on behalf of respondent No.6, learned standing counsel appearing on behalf of respondent Nos.3 to 5 and learned counsel appearing on behalf of unofficial respondent No.7.
2. Learned Assistant Government Pleader for Home brings on record written instructions dated 08.02.2023 and the same reads as under:
The petitioner Merugu Chandramohan has filed the present Writ Petition stating that the 2nd Respondent is not taking any punitive action against the 7th Respondent Hotel for supplying unhygienic and adulterated food with dead insects endangering the lives of its customers like petitioner and prayed the Hon'ble Court to take stringent action against the 7th Respondent as per law including payment of compensation to the petitioner and registering of criminal case.
It is submitted that the petitioner has a complaint at Kushaiguda Police Station, Rachakonda Commissionerate on 2 WP_9952_2019 SN,J 6.2.2023 stating that on 30.3.2019 at about 08.30 hours he went to have tiffin at Ratna Hotel, ECIL and while he was having said tiffin, in the meantime, he found one cockroach in his tiffin and when he apprised the said fact to the Manager of the Hotel, the Manager rudely behaved him and told him not to reveal the same to any one and also threatened him of dire consequences. He also stated that, earlier he has the same issue but he did not think about the same. He requested to take necessary action against the said hotel.
It is submitted that since the contents of the said petition are non-cognizable in nature, after making G.D. entry, a requisition was filed before the Court of Hon'ble II Additional Metropolitan Magistrate at Malkajgiri on 7.2.2023 requesting the Hon'ble Court to accord permission to investigate into the non-cognizable offence u/s 506 IPC. The Hon'ble Magistrate after perusing the requisition filed by the Kushaiguda Police along with the documents, observed that the same discloses the ingredients offences u/s 504, 506 IPC and permitted to take up the investigation u/s 155 (2) of Cr.P.C. on the same date.
It is submitted that as per the directions of the Hon'ble II Metropolitan Magistrate, Malkajgiri, FIR No.165/2023 u/s 506 IPC, dated 07.02.2023 the investigation is at preliminary stage."
3. The Deputy Commissioner Circle-1 Kapra, GHMC brings on record written instructions and the same reads as under:
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WP_9952_2019 SN,J "We have received the complaint on 30.03.2019 from Chandra Mohan, Sakshi Reporter that he found the cockroach in the sambar while he was eating Idli.
2. Based on the complaint given by him AMOH and SS have inspected the hotel on the same day and found the same
3. After the inspection AMOH & SS has sealed the hotel on the same day.
4. On 01.04.2019 based on the request letter given by the manager to the Deputy Commissioner and as per the instructions of Deputy Commissioner we have penalized the hotel with the amount of rupees 10000/- and handed over the keys to the manager."
4. Taking into consideration the fact that the complaint had been received from the petitioner on 30.03.2019 and thereafter action has been initiated and FIR No.165 of 2023 dated 07.02.2023 had been registered against the 7th respondent herein and thereafter on 01.04.2019 based on the request letter given by the manager to the Deputy Commissioner and as per the instructions of Deputy Commissioner the hotel had been penalized with an amount of Rs.10,000/- and the hotel also has been sealed on 30.03.2019 itself, this Court opines that the prayer as sought for by the petitioner has already been obtained by the petitioner and no further orders are necessary. 4
WP_9952_2019 SN,J
5. Accordingly, the present writ petition is closed. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
__________________________________ MRS JUSTICE SUREPALLI NANDA Date:11.04.2023 Kgk 5 WP_9952_2019 SN,J HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.9952 of 2019 Date:11.04.2023 kgk