( 1 ) AGGRIEVED by a sort of indifference and apathy shown by the Il-Additional judicial magistrate of the First Calss, Rajahmundry, to the complaint made by him against the police, the petitioner/accused in Crime No. 160 of 2002, on the file of l-Town Police Station, rajahmundry, knocked at the doors of this court by filing this application under section 482 of the Criminal Procedure Code (for short 'the Cr. P. C') seeking justice.

( 2 ) THE grievance of the petitioner set out, in brief, is as under:

The petitioner is a businessman residing at Rajahmundry. He was implicated as accused in two petty cases and one case of abduction. A rowdy sheet bearing No. 939 was opened in l-Town Police Station, Rajahmundry, against him. Challenging the opening of the rowdy sheet, he filed Writ Petition No. 2509 of 2002 before this Court. The said writ petition ended in dismissal on 8-3-2002. Then, he filed an appeal in W. A. No. 646 of 2002. As the first respondent-Police Officer has been taking sides in property disputes relating to his family at the instance of his rivals and as the petitioner was apprehending that the first respondent- police Officer would wreck vengeance against him for having challenged opening of rowdy sheet, he sought for protection in the above writ appeal proceedings. On 15-4-2002, the division Bench of this Court issued a limited interim order for a duration of about eight weeks directing the police not to harass him.

( 3 ) WHILE so, on 5-5-2002, the police of the first respondent's Station seized his motorcycle. The petitioner apprehending that the police might implicate him in one case or the other, moved for anticipatory bail in crl. M. P. No. 546 of 2002, on the file of the learned Il-Additional Sessions Judge, rajahmundry. The said application was dismissed on 31-5-2002, as a submission was made by the Additional Public Prosecutor that he was not required in that case. Finding the police showing interest in his movements, he again moved for anticipatory bail in crl. M. P. No. 643 of 2002, on the file of the learned Il-Additional Sessions Judge, rajahmundry. The first respondent's station reported before the Court that Crime No. 160 of 2002 was registered against one Kithani Mohan and not against the petitioner, whose name is manepalli Mohan Rao. Based on the said submission, the learned Sessions Judge dismissed the anticipatory bail application.

( 4 ) AS already stated, the Division Bench in w. A. No. 646 of 2002 granted an interim order for a period of eight weeks directing the police not to harass the petitioner. Immediately after the expiration of two months, on 17-6-2002, the first respondent arrested the petitioner and detained him illegally from 17-6-2002 to 5-7-2002. The first respondent abused, beat and tortured the petitioner in the police station. He was also robbed off his valuables on his person. On 5-7-2002, three weeks after illegal detention, the first respondent produced the petitioner in the Court of Il-Additional Judicial magistrate of the First Class, Rajahmundry, in the very same crime. e. , Cr. No. 160 of 2002, in which the anticipatory bail application filed by the petitioner was dismissed on the submission made on behalf of the police that it was registered not against the petitioner, but against one Kithani Mohan. The petitioner presented a complaint in writing before the learned Magistrate alleging as follows;

"on 17-6-2002, at noon time, police of l-Town Police Station, Rajahumundry took me to their station situate at danavaipeta, Rajahmundry. They took away one gold chain, two rings and Titan wrist watch worth Rs. 4,000/- found on my person. At 5. 00 p. m. S..-Murali krishna came. He took me out from lock-up questioning about filing of writ petition in the High Court. He beat indiscriminately with lathi and asked me to settle the family property disputes. Then he put me in lock-up and instructed his subordinates to keep me there (in lock-up) till the injuries healed. They brought m

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