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1998 Supreme(AP) 195

Andhra Pradesh High Court
Judges : B.SUDERSHAN REDDY
Venkata Satyanarayana - Appellant
Versus
Government Of A.P. - Respondent
Decided On : 03-20-98

Headnote:

Penal Code, 1860 – Section 323, 448, 452, 506, 149 – Constitution of India, 1950 – Article 226 – Issue of Elections – Petitioner, as at present, is a Corporator of 32nd ward of Vijayawada Municipal Corporation, Vijayawada – He also claims to be an enthusiastic social worker – Though elected on behalf of the Telugu Desam Party (for short tdp ), as a Corporator, has become a close associate to the local Congress M-L. A – It is alleged that his political rivals with a view to eliminate him from Vijayawada political scenario have got him implicated in false criminal cases which ate triable at various places in various Courts at Chittoor, Gudivada and Nandigama – Cases, according to him, are foisted upon him – Many a time his political rivals alleged to have made attempts on his life, even in and around the Court premises, whenever he was appearing in the Court in connection with the criminal cases pending against him – On account of his popularity and image he had earned good name for himself within a short period of time and the same become eye-sore for his political rivals – According to him, the main reason to take revenge against him by his political rivals is that he was elected as Corporator as a TDP nominee; but, subsequently joined in Congress party along with one Devineni Rajasekhar alias Nehru, M. L. A. of Kankipadu constituency, who is an affiliated Member of Congress (1) and who was the earlier front line leader of the TDP in Krishna District. – It is alleged that his political rivals are observing his movements and they may put an end to his life at any time – Even the local police are aware of the movements of his political rivals and warned the petitioner, on several occasions, to be very careful while moving with the public in public places and also while attending Courts and in discharge of his public duties – Held, It is not possible to agree with the submission made by the, learned Counsel for the petitioner – Court cannot visualise as to under what situation and circumstances, the third respondent, Commissioner of. Police, has chosen to pass orders directing security cover to some persons, whose names arc mentioned by the petitioner in the additional affidavit – It is not as if, the action or the order is under challenge – Court had no occasion to consider the validity and legality of such action and such action or orders cannot form basis for holding the present impugned action of the third respondent-Commissioner as discriminatory – Two wrongs cannot make one right – Extraordinary jurisdiction of this Court cannot be used for such purposes – It is settled law that the remedy under Article 226 of the Constitution of India is a discretionary one – Court is of the considered opinion that the case on hand is not one which requires exercise of its discretion by the Court in the matter – Court do not find any merit in the writ petition – Petition Dismissed

B. SUDERSHAN REDDY, J.

( 1 ) THE petitioner, as at present, is a Corporator of 32nd ward of Vijayawada Municipal Corporation, Vijayawada. He also claims to be an enthusiastic social worker. Though elected on behalf of the Telugu Desam Party (for short tdp ), as a Corporator, has become a close associate to the local Congress M-L. A. It is alleged that his political rivals with a view to eliminate him from Vijayawada political scenario have got him implicated in false criminal cases which ate triable at various places in various Courts at Chittoor, Gudivada and Nandigama. The cases, according to him, are foisted upon him. Many a time his political rivals alleged to have made attempts on his life, even in and around the Court premises, whenever he was appearing in the Court in connection with the criminal cases pending against him. On account of his popularity and image he had earned good name for himself within a short period of time and the same become eye-sore for his political rivals. According to him, the main reason to take revenge against him by his political rivals is that he was elected as Corporator as a TDP nominee; but, subsequently joined in Congress party along with one Devineni Rajasekhar alias Nehru, M. L. A. of Kankipadu constituency, who is an affiliated Member of Congress (1) and who was the earlier front line leader of the TDP in Krishna District.

( 2 ) IT is alleged that his political rivals are observing his movements and they may put an end to his life at any time. Even the local police are aware of the movements of his political rivals and warned the petitioner, on several occasions, to be very careful while moving with the public in public places and also while attending Courts and in discharge of his public duties.

( 3 ) APPREHENDING threat to his life, several representations are stated to have been made by the petitioner to the respondents to provide adequate security to protect his life from miscreants, political rivals and their associates. It is alleged that the respondents have not taken any action to provide an armed gun-man, nor have they given any reply to his representations for the simple reason that the petitioner earlier belonged to TDP, but joined Congress (I) party due to misunderstandings and internal disputes among the TDP leaders. It is under those circumstances, the petitioner invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking appropriate relief. The petitioner also prays for issuance of directions to the respondents herein, directing them to provide an armed gun-man to the petitioner to protect him.

( 4 ) THE petitioner had also filed an additional affidavit inter alia stating that the respondents have provided gun-man to the ruling party leaders and Corporators, though there is no threat to their lives. The respondents have provided gun-man to P. Gowtham Reddy, Corporator of 27th division and belonging to CPI; Chennupati Gandhi, Corporator of 45th division; V. Dange Kumar, Corporator of 43rd division, A. Jaya Prakash, Ex.-MLA, and V. Malleshwara Rao, all belonging to TDP. In yet another additional affidavit, it is inter alia stated that the Commissioner of Police, Vijayawada City (for short the Commissioner ) provided armed gun-man to four more persons, who are all party workers and in his case the Commissioner deliberately avoiding to consider his case for providing armed gun-man to protect his life. Thus, the action of the third respondent, according to the petitioner, is, discriminatory. It is further alleged that the third respondent has chosen not to dispose of the representation filed by him and kept the same pending for a very long time.

( 5 ) THE Commissioner of Police, Vijayawada City filed his counter-affidavit inter alia stating that the petitioner is a rowdy sheeter of Machavaram Police Station of Vijayawada city and involved in as many as sixteen crimes of cognizable and serious nature, including five murder case
















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