B. SUDERSHAN REDDY, J.

( 1 ) BOTH the writ petitions may be disposed of by a common order since the relief prayed for therein is one and the same. The parties in both the writ petitions are common. W. P. No. 19666 of 1999 is taken on file on the strength of a letter addressed by the petitioner in W. P. No. 3785 of 2000. Thereafter, the very same individual filed w. P. No. 3785 of 2000.

( 2 ) IN both the writ petitions, the petitioner invokes the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus declaring the action of the respondents in torturing the petitioner as illegal and arbitrary and violative of Article 21 of the Constitution of india. The petitioner accordingly prays for grant of appropriate consequential directions to the State of Andhra Pradesh to pay him an amount of Rs. 6,00,000. 00 towards compensation for violation of his fundamental rights and human rights guaranteed by the Constitution of India and to further direct the Government of Andhra pradesh to get appropriate criminal cases registered against the police personnel responsible for his torture and for their trial in accordance with law.

( 3 ) BEFORE adverting to the question as to whether the petitioner is entitled for grant of any relief as such, it may be necessary to briefly notice the relevant facts.

( 4 ) THE petitioner is one Ketha Venkata swamy @ Musalayya. It is his case that on 8-8-1999 at about 11. 00 a. m while he was in his house, respondents 1 to 3 and 6 along with some other police constables came to his house, caught hold of his banian and forcibly pulled him out of his house. All of them took him to the place where their scooters were parked away from his house by beating and kicking him, shouting at him as to how dare he surrendered himself before the Court when they were in look out for him. Later, he was taken to II Town police Station, Rajahmundry. In the police station, he was tortured by respondents 1 and 2 and they were joined by respondents 3, 4, 5, 6, 7, 8, 9, and 10. He was beaten with lathis all over his body resulting in multiple injuries. This torture continued for roughly about four hours. Thereafter, he was taken to a private hospital of one Dr. K. S. Chalam (respondent No. 12) on 11-8-1999 and got him treated by the said doctor.

( 5 ) THEREAFTER, respondents 1 and 2 came to the said hospital and shifted him to a lodge owned by respondent No. 11 and he was confined in a room upto 13-8-1999. After coming to know about the incident, his family members came to the lodge and shifted him to the Government headquarters Hospital, Rajahmundry. His statement was recorded by the Police, outpost at the hospital. The III Additional judicial First Class Magistrate, rajahmundry recorded his "dying declaration".

( 6 ) NO reasons were disclosed as to for what reason he was taken to the police station. But during the course of the version among the respondents themselves, the petitioner gathered that the police personnel were very much angry and upset as he surrendered himself before the II Additional judicial First Class Magistrate, rajahmundry on 15-7-1999 in connection with Crime No. 107 of 1999 registered against him on the file of the II Town Police station, Rajahmundry instead of surrendering himself before the police.

( 7 ) IT is also his case that his repeated representations to the higher authorities did not yield any result.

( 8 ) THIS Court having taken up both the writ petitions together for hearing passed order dated 28-3-2000 directing the Registrar (Judicial) to send a copy of the writ affidavits and other material papers to the Human rights Court of East Godavari District for making an appropriate enquiry into the matter. The enquiry was directed to be held in accordance with the provisions of the human Rights Protection Act, 1993 and the rules made thereunder and to take further appropriate action as expeditiously as possible, preferably within a

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