Telangana HC Clears Country Club Chief of Cheating Charges

 November: Justice Juvvadi Sridevi of the Telangana High Court quashed the criminal proceedings against the chairman of Country Club Hospitality and Holidays Limited in a case involving alleged inducement to purchase a Country Club membership. The judge was dealing with a criminal petition filed by Yeragudi Rajeev Reddy, who sought to quash the case pending before the XIV Additional Chief Metropolitan Magistrate, Hyderabad.

According to the complaint, in 2016, the complainant and his wife visited the Country Club premises, where they were allegedly persuaded to pay Rs. 1,65,000 for a membership they did not intend to purchase and were made to sign an agreement without being allowed to read its terms. When they returned two days later seeking cancellation, they were informed that the amount was non-refundable. Justice Sridevi noted that the complaint did not mention the petitioner’s name, yet he was arrayed as Accused No.1 solely because he served as managing director of the company. No overt act or evidence of his personal involvement was found in the investigation materials. The judge observed that the essential ingredients of cheating, particularly the requirement of dishonest intention at the time of inducement, were absent. The judge also observed that there was an unexplained nine-day delay in filing the complaint and noted that the parties already entered into a compromise deed, under which Rs. 1,40,000 was refunded. In the absence of any material connecting the petitioner to the alleged transaction, and considering the earlier settlement, the judge quashed the proceedings against him.

HC upholds action against fake doctor

Justice Nagesh Bheemapaka of the Telangana High Court dismissed a writ petition challenging the sealing of a private hospital accused of permitting an unregistered individual to practice modern medicine. The judge was dealing with a writ petition filed by M/s Nani Mini Hospital, Medchal-Malkajgiri. The petitioner contended that the abrupt seizure of the premises, without prior notice or communication of the inspection report, constituted a gross infraction of audi alteram partem and amounted to a colourable and capricious exercise of power. It further contended that the individual named, Kommu Venkateshan, was merely a Multipurpose Health Assistant engaged in ancillary duties, and not an allopathic practitioner. Conversely, the District Medical & Health Officer and Telangana Medical Council (TMC) submitted that a surprise statutory inspection this year revealed Venkateshan actively administering injections, prescribing allopathic drugs, and impersonating a qualified MBBS doctor, thereby falling squarely within the ambit of unauthorised medical practice proscribed under the National Medical Commission Act and the Telangana Medical Practitioners Registration Act. An FIR was accordingly registered for offences under the Bharatiya Nyaya Sanhita. The judge noted that the petitioner’s medical director, Dr Deva Koushal, whose name appeared on the statutory registration certificate was pursuing a D.M. programme and was not available during inspection, thereby undermining clinical oversight at the establishment. Rejecting allegations of procedural impropriety, the judge observed that the interregnum between inspection and FIR registration was justified by routine procedural requirements and thus did not vitiate the proceedings. The judge held that the authorities acted intra vires their powers under the applicable statutory framework. The judge further held that the seizure notice itself afforded the petitioner an opportunity to submit a written explanation within seven days, an opportunity the petitioner failed to avail, rendering its plea of denial of natural justice unsustainable.

Hanamnkonda FTL permissions curbed

Justice Anil Kumar Jukanti of the Telangana High Court reviewed a sealed-cover report on alleged encroachments inside the Full Tank Level (FTL) of Chinna Waddepalli tank in Hanamkonda, directing authorities to submit a further status report after completing the ongoing survey work. The judge was hearing a writ petition filed by Mootha Shailaja, who alleged an illegal elevation of the FTL and obstruction on her patta land in Enumamula village. As per the committee’s report, 422 structures were identified within the FTL after a door-to-door survey. The judge observed that the report recorded that 7 acres and 16 guntas of government land were earlier allotted as house-site pattas, where 270 structures now exist. The report also noted that more than 20 acres of private patta land falls within the notified FTL zone and that notices have been issued informing landowners of the ongoing survey exercise. The judge observed that pendency of other writ petitions or existing interim orders cannot prevent authorities from issuing statutory notices or acting in accordance with law. Recording the submission that construction activity is presently halted, the judge directed that no further permissions be granted in the prohibited zones, including the FTL area and lake buffer zone. Emphasising that the Supreme Court has mandated preservation of water bodies in their original form, the judge reiterated that the public trust doctrine must guide administrative decisions relating to lakes and tanks. The judge posted the matter after two weeks for further hearing.