1996 Supreme(AP) 680
Andhra Pradesh High Court
Judges : P.S.MISHRA, S.S.HUSSAINI
A.Omkar - Appellant
Versus
Commissioner of Police, Hyderabad - Respondent
W.P.No.7752/96
Decided On : 08-01-96
Advocates Appeared :
Mr. Meherchand Noori, M/s. P.A. Kamaleswari, Padma
Headnote:Police Task Force - Powers of - No power or jurisdiction conferred on Task Force to take cognizance of offences other than those under G.O. Rt 4250, G.A. (SC-c) Department dt. 1-9-81.
( 1 ) THE instant proceeding under Article 226 of the Constitution of India has been taken up on the basis of a representation by the petitioner herein Sri A. Omkar, Son of Sri A. Jagath Kumar, resident of 71, Sealord b Building, Cuffee Parade, Bombay during his temporary stay at Room No. 9. Secunderabad Club at Secunderabad to the Chief Justice of the Court, which is as follows :- "i am the President of World Investments Ltd. , which is a company with International Reputation. I got an offer from JCT Ltd. , Phagwara, to be their Indenting Agent in Andhra Pradesh in the name and style of Andhra Associates. The offer came in the Month of June, 1994 after great pursuation from my side. Meanwhile one Mr. A. Gopal Rao approached and requested me to include him as the partner in the said Organisation and offered to pay the Security Deposit to JCT Ltd. and comply with all necessary formalities and manage the Agency on regular basis. As I was due to shift to Bombay in connection with the management of World Investments Ltd. , accepted the offer given by him. It was agreed by us that he shall look after the day to day affairs of the Agency in Hyderabad and take 60% of the profits in the business. In accordance to our understanding the said Mr. A. Gopal Rao deposited Rs. 1,00,000. 00 as Security Amount to JCT Ltd. through Demand Draft in the Month of October, 1994. Though the said Mr. A. Gopal Rao promised and agreed to look after the day to day business by resigning his job from Eenadu Group of Companies, backed out stating that his management was not accepting. He also did not come forward to comply with the further required formalities with the JCT Ltd. on behalf of Andhra Associates and started avoiding me. Several mediations sent to him were proved futile owing to the acts and deeds committed by the said Gopal Rao, I was forced to surrender my Agency back to JCT Ltd. as I had turned down several offers made to me by others to mange the said Agency as I had already committed the same to the said Gopal Rao and as I was shifting to Bombay. But for the representation and promises made by the said Gopal Rao, I would not have entered into the said understanding which caused me huge financial loss and great amount of hardship and mental agony as I lost my credibility, image and reputation with the JCT Ltd. , and business circles, apart from incurring huge financial losses due to loss of business. Meanwhile, the said Gopal Rao started resorting to all sorts of Criminal activities and threatening me with dire consequences as and when I visit Hyderabad and also by phoning to Bombay and intimidating me. On 5-1-1996 at about 5-00 p. m. the said Gopal Rao came to my room in the Secunderabad Club along with two other persons who claimed themselves as Task Force Police and took me to the Task Force Office at Begumpet. There one Mr. Chawa Ramakoti the Addl. D. C. P. literally forced me to accept for the payment in spite of my explaining the entire situation and the acts of cheating committed by Gopal Rao. The said Addl. DCP gave me time till 7-4-1996 to settle the matter, failing which he threatened me that even the president of India cannot save me from his hands. I came to Hyderabad on about 15th of this month to see my parents and to attend my Company s business and I am receiving anonymous calls forcing me to pay the said amount to Gopal Rao otherwise the Police will see my end. In these circumstances I apprehend danger to my life and property from the hands of the said Gopal Rao who influenced the Addl. DCP Mr. Ramakoti taking the directions from the Commissioner of Police, as it is learnt. " Sri Omkar has sought necessary orders/directions to the Commissioner of Police, the Additional Deputy Commissioner of Police of Task Force Mr. Chawa Ramakote and their officers not to interfere in the above and harass as Gopal Rao with their help was trying to extract Rs. 2,00,000. 00 from him.
( 2 ) IN response to the notice of the C