IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.11355 OF 2010 Between:- Varakala Yadagiri …Petitioner A n d The State of A.P., Rep. by Public Prosecutor, High Court of A.P., Hyderabad and another …Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.11355 OF 2010 ORDER: This petition is filed under Section 482 Cr.P.C seeking to quash further proceedings against petitioner/accused in Cr.No.482 of 2010 of Station House Officer, Nunna Police Station, Vijayawada. 2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for respondent-State. Perused the records. 3. On a complaint given by the District Medical and Health Officer, Krishna, at Machilipatnam, a case in Cr.No.482 of 2010 was registered against the petitioner for the offences under Sections 274, 276 and 420 IPC and under Section 18B read with Section 28A of the Drugs and Cosmetics Act, 1940. The allegation against the petitioner is that he has been running a diagnostic laboratory by name Sri Durga Laboratory at Vijayawada and during the course of inspection by the complainant-medical authority, it was observed that the petitioner has not been running the laboratory as per the prescribed norms and various lapses on the part of the petitioner in running the laboratory have been narrated in the complaint and they are follows: i. The laboratories are ill maintained without facilities. ii. They are not registered. iii. Their qualification certificates are not authenticated and most of them don’t know how to do the tests and not properly trained. iv. They are using date expiry chemicals and stains etc., in the laboratory. v. The requisitions for Laboratory are from RMPs. vi. The RMPs are requesting for more than 7 tests in each requisition. vii. The Lab test results are given without testing and imaginary figures of his own thinking is being given. viii. The Microscopes are not in working condition, yet claimed they are doing tests which should be with the help of microscope only. 4. The learned counsel for the petitioner seeks to assail the F.I.R on the ground that the ingredients of the offences under Sections 420 IPC and Section 18B of the Drugs and Cosmetics Act, 1940 are prima facie not attracted. It is to be noted that the matter is still at the stage of investigation and apart from Section 420 and 18B of Drugs and Cosmetics Act, certain other offences are also alleged against the petitioner in the F.I.R. The further investigation in the complaint would disclose whether the petitioner/accused has committed any offences and if so under what provisions of law. After due investigation, the police would be filing charge sheet under the appropriate provisions of law, based on the report of investigation and they need not be confined to the sections of law mentioned in the F.I.R. 5. It is well settled that the inherent powers of this Court under Section 482 Cr.P.C have to be invoked with care, caution and circumspection and cannot be invoked to scuttle further investigation at the threshold stage itself, especially when the F.I.R like the present one discloses very grave and serious allegations pertaining to the offences related to public health. Having regard to gravity of the nature of the offences alleged, it is a matter that requires thorough investigation by the police and certainly not a fit case for invoking the inherent powers of this Court under Section 482 Cr.P.C and quash further proceedings in pursuance of the F.I.R in Cr.No.482 of 2010. There are no absolutely no valid or sufficient grounds to quash further proceedings. 6. In the result, the criminal petition is dismissed. ____________________ G.V.SEETHAPATHY, J 19th November,2010 Lrkm.