Andhra HC (Pre-Telangana)
Ketha Venkata Swamy Alias Musalayya And ... vs T.S.R.K. Prasad, S.I. Of Police (L And O) ... on 17 November, 2000
Equivalent citations: 2000(6)ALT768
Author: J. Chelameswar
Bench: J. Chelameswar
ORDER J. Chelameswar, J.
1. The first petitioner, it is alleged in the affidavit filed in support of the writ petition, was taken into the custody by the constables of II Town Police Station, Rajahmundary on 8-8-1999. It is alleged further in the affidavit that the petitioner was tortured in the Police Station. In this connection, the petitioner made representations to the Superintendent of Police, East Godavari on 15-8-1999 and 12-10-1999 respectively. Apart from that, the petitioner moved this Court earlier, by way of W.P.Nos. 19666 of 1999 and 3785 of 2000 respectively. Both the matters were disposed of by a common order dated 28-3-2000. A Division Bench of this Court directed that a 'fact finding enquiry' would be made by the District Human Rights Commission, in connection with the allegation of the torture against the petitioner by the respondent police officials. The District Human Rights Commission registered the matter as HRC No. 1 of 2000 and the trial and enquiry of the matter are going on. In the meanwhile, another Crime No. 145 of 2000 on the file of the 1st respondent came to be registered against the petitioner Under Section 506 I.P.C, read with Section 34 IPC, and Section 3(1)(x)(xiv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
2. Apart from the merits or demerits of the case in Crime No. 145 of 2000, the petitioner herein complains that in the background of the allegation against the first respondent and the pendency and enquiry of the case by the District Human Rights Commission, if the Crime No. 145 of 2000, were to be investigated by the first respondent, and his associates, the investigation would not be impartial. Hence the present writ petition is filed with the following prayer:
".....to issue a writ, order or direction more particularly one in the nature of Writ of Certiorari, declaring the action of the Respondent No. 1 in foisting against the petitioners Crime No. 145/2000 dt. 27-10-2000 under SC & ST Prevention of Atrocities Act as Counter Blast to their Human Rights Protection Case No. 1/2000 as illegal and arbitrary and violative of Article 21 of Constitution of India the petitioners further prays that this Hon'ble Court may be pleased to quash the said F.I.R. No. 145/2000 on the file of II Town Police Station, Rajahmundry as illegal or it is alternatively prayed that this Hon'ble Court may be pleased to issue a Mandamus entrusting the 3rd respondent CID with the entire investigation in Crime No. 145/2000, II Town P.S. Rajahmundry so that the CID can bring home the real truth pertaining to the Crime in F.I.R. No. 145/2000, pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and in the interests of justice."
3. Heard the learned Government Pleader.
4. In the circumstances, I am of the opinion that the matter can be disposed of at this stage, by directing the second respondent to entrust the investigation of the Crime No. 145 of 2000, on the file of the II Town Police Station, Rajahmundry, to an officer other than the first respondent herein and in the background of the allegations, the second respondent is also directed to supervise the investigation to ensure justice is to be done in this matter without compromising the investigation process.
5. With these directions, this writ petition is. disposed of.