ORDER : The present Criminal Petition is filed seeking to quash the proceedings in C.C.No.990 of 2022 on the file of the Court of Learned II Additional Judicial Magistrate of First Class, Nellore, S.P.S.R. Nellore District. 2. The petitioner herein is accused in the said Calendar Case, facing charges under Sections 269, 270, 336, 384 and 427 of IPC and Sections 40 and 41 of Clinical Establishment (Registration And Regulation) Act, 2010. 3. The case of the prosecution as per the Charge Sheet is that in view of severe spread of Covid-19 viral disease, L.Ws 1 to 3 who were appointed as District Flying Squad, received information, went towards “Vijaya Hospitals” located at Pogathota, Nellore, inspected the same and in view of spreading of Covid-19, the petitioner/accused, who is the Managing Director of Vijaya Hospital has obtained prior permission from the District Collector & Magistrate, S.P.S.R. Nellore District vide Rc.D2/425/2021 dated 08.04.2021 to give treatment to the Covid patients under the category of B-Hospital, but, the petitioner/accused was giving treatment to the Covid patients as well as non-Covid patients conjointly in the same hospital, even the staff of the hospital are not taking any preventive measures and precautions by not wearing any P.P.E. Kits and not followed protocol of Covid patients. Further, as per the guidelines of Government, 50% of the beds allocated to the hospital should be filled with Arogyasree Patients, but in spite of eligible Arogyasree patients, other patients were admitted under Arogyasree and the petitioner/accused collected amounts from them. Out of 24 patients, only one patient admitted under Arogyasree Government Health Scheme and huge amounts were extracted from the patients without issuing receipts properly. It is also stated that the hospital management failed to display information on notice board showing fees structure for Covid patients and availability of beds list at reception counter. 4. The learned counsel for the petitioner, inter alia, submits that the registration of crime and cognizance of the same for the alleged offences under Sections 269, 270, 336, 384 and 427 of IPC and Sections 40 and 41 of Clinical Establishment (Registration And Regulation) Act, 2010 is unsustainable and even if the allegations leveled against the petitioner are assumed to be true, without admitting, no proceedings can validly be continued against the petitioner/accused in view of the orders of the Government issued in G.O.Rt.No.185, Health, Medical and Family Welfare (I.1) Department, dated 30.04.2021. 5. The learned counsel for the petitioner while drawing the attention of this Court to the amendment brought in to the above said G.O through G.O.Rt.No.256, Health, Medical and Family Welfare (I.1) Department, dated 28.05.2021 submits that criminal action can be set into motion against the petitioner, if the hospital/clinic establishment is found to be repeating the same irregularities on more than one occasion and can be prosecuted as per the provisions of IPC, besides under Clinical Establishment Act. It is his submission that in terms of the above said G.O, the District Medical and Health Officer had levied a fine of Rs.5,24,000/-, as it is the first offence, same was paid by the petitioner/accused and continuation of prosecution against the petitioner in the said circumstances for the first offence amounts to abuse of process of Law. Making the said submissions, the learned counsel seeks to allow the Criminal Petition as prayed for by quashing the proceedings in C.C.No.990 of 2020 on the file of the Court of Learned II Additional Judicial Magistrate of First Class, Nellore, S.P.S.R. Nellore District. 6. The learned Assistant Public Prosecutor on instructions submits that there are no instances of the petitioner/accused indulging in irregularities more than once and that the G.Os on which reliance is placed holds the field. 7. This Court has considered the submissions made and perused the material on record, including the G.Os referred to supra, wherein the Government notified the rates for regulating the prices to be charged by the Private Nursing Homes and Private Hospitals in providing quality care to Covid patients. Para 6 of the said G.O contemplates that:- “If any hospital is found to be charging more than the rates as indicated at Para – (3) above, they shall be levied a penalty which shall be 10 times of the additional charges by the concerned DMHO and if any hospital or clinical establishment is found to be repeating the same on three occasions, such hospital shall be prosecuted as per provisions of IPC besides action as per Clinical Establishment Act”. The above said Para has been replaced through G.O.Rt.No.256, dated 28.05.2021, in the following terms:- “If any hospital is found to be charging more than the rates as indicated at Para – (3) above, they shall be levied a penalty which shall be 10 times of the additional charges by the concerned DM & HO at first violation and if any hospital or clinical establishment is found to be repeating the same, such hospital shall be prosecuted as per the provisions of IPC, besides action as per the “Clinical Establishment Act”. 8. A reading of the above mentioned G.O would make it clear that if any hospital is indulging in irregularities of charging more than the rates as prescribed by the Government in G.O.Rt.No.185, dated 13.04.2021, a penalty for 10 times of additional charges would be levied for the first violation and in the event if it is found that the hospital is repeating the same, it shall be prosecuted as per the provisions of IPC, besides action as per the Clinical Establishment Act. 9. In the present case, it is not in dispute that the hospital in question had indulged in violation of Government Orders (G.Os) on one occasion, paid penalty for 10 times. However, in the absence of any material that it had violated the G.Os on more than one occasion warranting prosecution in terms of G.O.Rt.No.256, dated 28.05.2021, this Court has no option, except to concur with the contention advanced by the counsel for the petitioner. 10. Under the aforesaid facts and circumstances, continuation of proceedings against the petitioner for the first offence is not sustainable in the light of the G.Os referred to supra and the same are therefore liable to be interfered with in exercise of powers conferred under Section 482 Cr.P.C. 11. Accordingly, this Criminal Petition is allowed and the proceedings in C.C.No.990 of 2022 on the file of the Court of Learned II Additional Judicial Magistrate of First Class, Nellore, S.P.S.R Nellore District are quashed. As a sequel, Interlocutory Applications pending, if any, shall stand closed.