1996 Supreme(AP) 790
Andhra Pradesh High Court
Judges : P.S.MISHRA, S.S.HUSSAINI
G.Picheswara Rao - Appellant
Versus
Sub Inspector of Police - Respondent
Decided On : 08-22-96
Headnote:
Indian Penal Code, 1860 - Sections 447, 506 and under Section 225 - Constitution of India,1950 - Article 226 - First Information Report - detention - When allegations are specifically made of wrongful detention at Police Station, the Court got a preliminary enquiry about any person, as alleged having been detained at Police Station and on - II Additional Judicial Magistrate of I Class visited concerned Police Station - Magistrate has reported as follows on inspection court found one person in one cell – Court asked him about his particulars - He informed to me that his name is aged about years resident of Guntur - In another cell properties are kept. Except the said person there is no other person in the said cell when I visited Police Station - Meanwhile S. I. of Police and Circle Inspector of Police came there - Held, Petitioners have expressed apprehension that being peeved by petitioner complaint to this Court respondent and other police personnel shall cause harassment to them - If any such harassment will follow that will show a clear decline of Police administration in District and be treated as failure of system of law in District - Keeping above in view court are inclined in instant case to order that District Superintendent of Police shall forthwith take notice of allegation of petitioner and two alleged detenus hold administrative enquiry and take suitable action against Officer-in charge of Police Station and any other Police Officer found involved in matter and ensure that petitioner and his family members are not subjected to any harassment by Police - writ Petition disposed of.
( 1 ) THE instant proceeding has been started treating the telegram by G. Picheswara Rao to the Chief Justice as a petition under Article 226 of the Constitution of India and taken up by the Legal Services Authority. Telegram contained the following information : "respected Lordship I would like to bring to your kind notice that the Nuzvid Rural Police Sub-Inspector high handedly taken away my father, sister-in-law on 1-8-96, 8 a. m. The police did not bring any Mahila Constable (.) The Sub-Inspector high-handedly caught hold my sister-in-law and abused her in filthy language (.) The police interfered in civil matter (.) He wrongfully detained our people in Nuzvid Rural Police Station (.) The Sub-Inspector openly declaring that he will foist a false case against them (.) Soon after the incident I rushed to Vijayawada to in form my relatives (.) The police have no authority to interfere in civil matter (.) Please treat this telegram as writ and do justice in the matter (.) G. PICHESWARY RAO. " Under the scheme evolved by the Legal Services Authority of the State, when allegations are specifically made of wrongful detention at the Police Station, the Court got a preliminary enquiry about any person, as alleged, having been detained at the Police Station and on 3-8-1996, II Additional Judicial Magistrate of I Class, Machilipatnam, visited the concerned Police Station. The Magistrate has reported as follows :- "on inspection, I found one person in one cell. I asked him about his particulars. He informed to me that his name is Rudrapogu Wilson s/o Rayanna, aged about 34 years, resident of Guntur. In another cell the properties are kept. Except the said person, Rudrapogu Wilson, there is no other person in the said cell when I visited the Police Station. Meanwhile, S. I. of Police and Circle Inspector of Police came there. I instructed them to produce the General Diary maintained in the Police Station to find out further details in the matter. On verification of the G. D. , I found a crime was registered against G. Pitcheswara Rao and 13 others in Cr. No. 75/96 under Sections 447, 506 and under Section 225, I. P. C. on 18-7-92 at 2. 00 p. m G. Pitcheswara Rao figured as accused No. 4 as per the F. I. R. The complaint was given by one Sri G. Mohana Krishna. Another case in Cr. No. 77/96 is also registered on 24-7-1996 at 3. 30 p. m. under Sections 447, 506 r/w. 34, I. P. C. against G. Venkateswara Rao and others. On verification of the G. D. entries, I found no persons are taken into custody in connection with the said two crimes. At about 5. 45 p. m. , the Circle Inspector of Police introduced a person stating that he is G. Pitcheswara Rao. On my oral enquiry, the said person informed me that his name is G. Pitcheswara Rao. I asked the said Pitcheswara Rao whether his father and sister-in-law are detained in the Police Station, he informed that they were called to the Police Station on 1-8-1996 and sent them after some time without effecting their arrest. Then, I instructed G. Pitcheswara Rao to wait outside the Police Station as to enable me to record his statement since I was verifying the G. D. entries. By the time I completed the verification of the G. D. entries, and came out of the Police Station, the said person G. Pitcheswara Rao was not available. I waited for about one hour, thinking that the said person G. Pitcheswara Rao, may come back. However, he did not return till about 7. 00 p. m. I have collected copies of the F. I. Rs. in the said two crimes from the Police. After completing the inspection, I returned back to Machilipatnam. I submit that on inspection of the Nuzvid Rural Police Station of Krishna District at 5. 15 p. m. on 2-8-1996, I found no person either father or sister-in-law of G. Pitcheswara Rao in the custody of the Police. " G. Pitcheswara Rao sent a letter addressed to the Chief Justice informing about his presence at the Police Station, the Magistrate also has noted his presence, and st