IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3913 of 2002 Between: 1 Dr.C.Vijaya Sai Sri , W/o. Dr.D.T.Anand, Nunna, Krishna District. 2 Dr.Sayyad Gouse, s/o. Bade Saheb, Agiripalli, Krishna District. 3 Dr.Matta Srinivas, S/o. Krishna Murthy, Sathupalli, Khammam District. 4 Dr.I.Ramesh Chandra, S/o. Seetha Ramurthy, Sathupalli, Khammam District. 5 Dr.S.V.V.Satyanarayana, S/o. Venkateshwar Rao, Ashwarao Peta, Khammam District. 6 Dr.V.Nageshwara Rao, S/o. Venkateshwar Rao, Ashwarao Peta, Khammam District. 7 Dr.V.Naga Kumari, D/o. Rammohan Rao, Ashwarao Peta, Khammam District. 8 Dr.Y.Bhanu Prasad, S/o. Parameshwar Rao, Bhadrachalam, Khammam District. 9 Dr.P.Thirupathaiah, S/o. Ramaiah, Bhadrachalam, Khammam District. 10 Dr.M.Babu Rao, S/o. Meka RAghavaiah, Burgampahad, Khammam District. 11 Dr.M.V.V.Satyanarayana, S/o. Subbarao, Bhadrachalam, Khammam District. 12 Dr.E.Tagore Prasad, S/o. Parameshwar Rao, Bhadrachalam, Khammam District. 13 Dr.K.Bhargavi, D/o. Shyam Sunder Rao, Bhadrachalam, Khammam District. 14 Dr.D.Prasad, S/o. Venkat Rao, Jangareddigudem, West Godavari District. 15 Dr.K.Suryanarayana, S/o. Subramanyam, Duddukuru, West Godavari District. 16 Dr.B.Upender Reddy, S/o. Chandra Reddy, Koyyalagudem, West Godavari District. 17 Dr.K.Veera Prasad, S/o. Sambaiah, Chintalapudi, West Godavari District. 18 Dr.P.S.Ratna Kumari, D/o. Seetha Ramaiah, Chintalapudi, West Godavari District. 19 Dr.B.Satyanarayana Reddy, S/o. Narsimha Reddy, Pragadavaram, West Godavari District. 20 Dr.P.A.K.Vidya Sagar, S/o. P.S.Bhargava, Korukonda, West Godavari District. 21 Dr.P.V.S.S.Arun Prasad, S/o. P.Krishnamacharyulu, Korukonda, West Godavari District. 22 Dr.T.Rama Raju, S/o. Nagabhushanam, rangampeta, West Godavari District. ..... PETITIONERS AND 1 Station House Officer, Nunna Police Station, Krishna District. 2 Station House Officer, Agiripalli Police Station, Krishna District. 3 Station House Officer, Sthupalli Police Station, Khammam District. 4 Station House Officer, Ashwaraopeta Police Station, Khammam District. 5 Station House Officer, Bhadrachalam Police Station, Khammam District. 6 Station House Officer, Boorgampahad Police Station, Khammam District. 7 Station House Officer, Jangareddigudem Police Station, West Godavari District. 8 Station House Officer, Devarapalli Police Station, West Godavari District. 9 Station House Officer, Koyyalagudem Police Station, West Godavari District. 10 Station House Officer, Chintalapudi Police Station, West Godavari District. 11 Station House Officer, Korukonda Police Station, Eest Godavari District. 12 Station House Officer, Rangampeta Police Station, Eest Godavari District. 13 Superintendent of Police, Machilipantanm, Krishna District. 14 Superintendent of Police, Khammam, Khammam District. 15 Superintendent of Police, Eluru, West Godavari District. 16 Superintendent of Police, Kakinada, Eest Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ, order or direction more particularly in the nature of writ of mandamus declaring the action of the respondents in interfering with the lawful medical practice homeopathy of the petitioners without registering any case against them and fequently raiding their clinics, dispensaries, hospitals or nursing homes and creating scenes, so as to malign and tarnish their image and illegally and unauthorisedly seizing their appruratus of insturments of practice of medicine inspite of the fact that the petitioners are qualified from medical university and enrolled in the state register medical proctitioners of homeopathic medicine as illegal, malafide and aginst the constitutional parovisions particularluy under Article 19-G and aginst the principles of natural justice and consequently to direct the respondents not to interfere in the homeopathic medial practice of the petitioners including their right to keep their respective clinics, dispensaries, nurising homes, with all the necessary infruments, appuratus etc and to pass Counsel for the Petitioner:MR.K.VENKATA RAMAIAH Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{ANURADHA} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.3913 of 2002 ORDER: It is the case of the petitioners that they are the graduates in medicine having obtained the decrees of bachelor of Homeopathic Medicine & Surgery or bachelor of Medicine and Surgery (Homeo) from various medical colleges and they are qualified registered medical practitioners and are entitled to serve the people. While so, the respondents-police officials were interfering with their day to day lawful activities and preventing them from discharging their lawful duties. Therefore, they are constrained to approach this Court with the present writ petition, seeking to issue a Writ of Mandamus declaring the action of the respondents in interfering with their lawful medical practice of homeopathy without registering any cases and frequently raiding their clinics, dispensaries, hospitals or nursing homes and creating scenes so as to malign and tarnish their image and illegally and unauthorisedly seizing their apparatus or instruments of practice of medicine in spite of the fact that they are qualified from medical university and enrolled in the State register medical practitioners of homeopathic medicine, as illegal and arbitrary and against the principles of natural justice. A counter has been filed stating that the 14th petitioner Dr.Prasad, is running a Nursing Home under the name and style of “Ramalakshmi Nursing Home” besides the RTC Complex, Jangareddigudem who is having qualification of diploma in Homeo Medical Science and having registered as a member in the petitioners’ council being Registration No.4744. It is stated that the said Nursing Home of the 14th petitioner was visited by the police on public allegations only to verify his documents and found to be genuine. Since then no police officer visited his clinic and summoned him to police station. It is further stated that on receipt of instructions from the Crime Stopper, Eluru, the police conducted raid on the dental clinic of one Dr.Vegesina Bapiraju, situated at Aswaraopeta road, Jangareddigudem and found that he is not having sufficient qualification on dental surgery and PMP in Ayurveda and while discharging surgery to the teeth of one patient, he was arrested and seized the surgery kit and registered a case against him in Cr.No.200/2001 under Sec.417, 420, 336 and 270 IPC of Jangareddigudem PS and charge sheet was also filed on 18.04.2002 after completion of investigation. It is stated that on similar complaint, on 11.12.2001 at about 7 pm. the Inspector of Police, Jangareddigudem along with staff conducted raid on “Sri Devi Laboratory”, Aswaraopeta road, Jangareddigudem and found that the Techgnician Guduri Eswar while rendering treatment to one patient, he was arrested and a case was registered against him in Cr.No.208/2001 under Sec.417, 420, 336, 270 IPC of Jangareddigudem P.S. and after completion of investigation charge sheet was filed on 15.02.2002. Except the said two cases, no cases have been registered against the petitioners and none of the petitioners were called to the police station and arrested. Having regard to the facts of the case, and in view of the averments of the counter filed on behalf of the respondents, I am of the opinion that no further orders need be passed in the present writ petition. It is needless to mention that without registering any crime against any of the petitioners, the activities of the petitioners cannot be interfered. Accordingly, the Writ Petition is disposed of. However, it is always open to the police to register any crime, if any of the petitioners indulges any cognizable offence. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 18.06.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Station House Officer, Nunna Police Station, Krishna District. 2 Station House Officer, Agiripalli Police Station, Krishna District. 3 Station House Officer, Sthupalli Police Station, Khammam District. 4 Station House Officer, Ashwaraopeta Police Station, Khammam District. 5 Station House Officer, Bhadrachalam Police Station, Khammam District. 6 Station House Officer, Boorgampahad Police Station, Khammam District. 7 Station House Officer, Jangareddigudem Police Station, West Godavari District. 8 Station House Officer, Devarapalli Police Station, West Godavari District. 9 Station House Officer, Koyyalagudem Police Station, West Godavari District. 10 Station House Officer, Chintalapudi Police Station, West Godavari District. 11 Station House Officer, Korukonda Police Station, Eest Godavari District. 12 Station House Officer, Rangampeta Police Station, Eest Godavari District. 13 Superintendent of Police, Machilipantanm, Krishna District. 14 Superintendent of Police, Khammam, Khammam District. 15 Superintendent of Police, Eluru, West Godavari District. 16 Superintendent of Police, Kakinada, Eest Godavari District. 17 2. 2CCs to 18. 2CD copies