Y. BHASKAR RAO, J.

( 1 ) THIS petitions is filed to issue a writ of Mandamus declaring the action of the first respondent herein in directing the Special Inspector-General of Police, C. B. C. I. D. , to launch prosecution against the petitioner and consequently to declare P. R. C. No. 18 of 1989 on the file of the II Additional Munsif Magistrate, Chirala as illegal and void.

( 2 ) THE brief facts of the case are that one Angadi Prabhakara Rao was a wanted criminal against whom three non-bailable warrants were pending execution. On 26-4-1985 the petitioner and some others having found him at a Beedi shop chased and caught hold of him. When he resisted and tried to escape, the Head Constable and Home Guard over-powered him and during that scuffle he received some injuries. Thereafter, he was taken to police station and was confined in lock-up at 9 p. m. , on 26-4-1985. On 27-4-1985 he was found dead in police station. The Government of Andhra Pradesh issued G. O. Ms. No. 441, General Administration (General. B), dated 24-9-1985, appointing Sri M. Sreeramulu, retired District Judge as single Member Commission of Inquiry under the Commission of Inquiry Act, 1952 to inquire into the death of said Prabhakara Rao with reference to following terms : (1) To find out the circumstances leading to the death of Sri Angadi Prabhakara Rao in police custody at Chirala town police station on 27-4-1985, (2) To identify the person, if any, responsible for the death of Angadi Prabhakara Rao, and (3) To point out lapses on the part of any authority or person or persons, if any, in connection with this incident.

( 3 ) THE Commission of Inquiry has conducted inquiry and submitted its report to the Government. The report of the Commission of Inquiry was placed before the State Legislative Assembly. It was stated that instructions have been issued to the Director-General and Inspector-General of Police, Hyderabad to place the Circle Inspector of Police, Sri D. Sreedhara Reddy, and the Sub-Inspector of Police, Sri M. Satyanarayana Rao (the petitioner) under suspension, initiate departmental enquiry against them and launch prosecution against them. The Commissioner of Land Revenue, Hyderabad was also instructed to place Sri V. Subba Rayudu, Mandal Revenue Officer under suspension. The Government of Andhra Pradesh by its order dated 15-7-1986 directed the Special Inspector-General of Police, C. B. C. I. D. , to launch prosecution against erring officers. The Inspector of Police and the writ petitioner were placed under suspension and departmental enquiry was initiated.

( 4 ) THE Special Inspector-General of Police (Crimes), C. B. C. I. D. , entrusted the case for investigation to the Deputy Superintendent of Police, C. B. C. I. D. , vide his proceedings dated 21-8-1986. The Deputy Superintendent of Police suo motu registered a case in crime No. 139 of 1986 under Sections 342, 330, 302 and 218, I. P. C. , against D. Sreedhar Reddy, Inspector of Police, the writ petitioner and the Executive Magistrate, Chirala, V. Subbarayudu and took up investigation. During the course of investigation, it was found that Angadi Prabhakar Rao s death was natural, expert medical evidence was not placed before the Commission of Inquiry, no offence under Section 302 or 304, I. P. C. was established against any police officers, over-whelming evidence recorded revealed that neither the deceased nor his mother was either beaten or tortured while they were in police custody on 26th and 27/04/1985, Angadi Prabhakar Rao was beaten with sticks at the time of apprehension by the Head Constable and Jakkaraiah and the Inspector of Police and the petitioner are guilty of manipulating the records for which they are punishable under Section 218, I. P. C. Report of the investigating officer was sent to the Special Inspector-General of Police, who in turn sent it to the Chief Secretary to Government seeking instructions for the disposal of the case. On 31-3-1988, this Court in W. P. M. P. N

Click Here to Read the rest of this document