IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE L.NARASIMHA REDDY TAKEN UP WRIT PETITION NO.13218 of 2005 Between: Ballari Nageswara Rao, S/o. Satyanarayana, R/o. Vemavaram, Achanta Mandal, W.G.District. ...PETITIONER AND 1. Rajarao, Sub Inspector of Police, Achanta Police Station, West Godavari District. 2. Srinu, Police Constable, Achanta Police Station, West Godavari District. 3. The Superintendent of Police, West Godavari District at Eluru. 4. The Collector and District Magistrate, West Godavari District at Eluru. 5. The Secretary to Government of A.P., Home (Police) Department, Secretariat, Hyderabad. 6. The Superintendent, Government Hospital, Palakol, West Godavari District. 7. The Director of Health, Medical and Health Services, Government of A.P., Koti, Hyderabad. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an Order, direction, or a writ, more particularly one in the nature of Writ of Mandamus to call for the records and remarks from the Respondents herein relating to harassment and severe beating by lathis and kicking in unusual manner of the brother of the Petitioner herein Viz., Ballari Ramu, who had been to Achanta Police Station, to lodge a complaint against Guthula Kutumba Rao and two others on 16-06-2005 at about 9-30 P.M., by the Sub-Inspector of Police, Viz., Raja Rao, and the Constable, Viz., Srinu, of Achanta Police Station, in collusion with Guthula Kutumba Rao and thereby causing the complainant, Viz., Ballari Ramu, severe injuries all over his body, and causing him admitted into the Government Hospital, Palakol, (ii) trying to tamper the evidence in the hospital by the Police Officials, and hence this Hon'ble Court is requested to pass appropriate orders directing the concerned authorities to take action against the concerned Police Officials, who severely beat and put the brother of the Petitioner, Viz., Ballari Ramu's life in danger, in the interest of Justice and to pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.POLISETTY RADHAKRISHNA Counsel for the Respondents: GP FOR HOME The Court made the following: THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE L.NARASIMHA REDDY TAKEN UP WRIT PETITION NO.13218 of 2005 ORDER: (Per the Hon’ble Mr Justice B.Prakash Rao) Heard the learned counsel for the petitioner and the learned Government Pleader for Home. This Writ Petition is entertained under Article 226 of the Constitution of India in pursuance of a Telegram dated 17.06.2005 sent by the petitioner herein complaining about the harassment and severe beating by lathis and kicking in unusual manner of the brother of the petitioner namely Ballari Ramu, who had been to Achanta Police Station to lodge a complaint against Guthula Kutumba Rao and two others on 16.06.2005 at about 9.30 p.m., by the Sub Inspector of Police, namely Raja Rao and the Constable, namely Srinu of Achanta Police Station in collusion with Guthula Kutumba Rao and thereby causing Ballari Ramu severe injuries all over the body and admitted in the Government Hospital, Palakol. Hence, a request was made to take appropriate action on the officials concerned. Subsequently, the appearance was made by the learned counsel on behalf of the petitioner. The ultimate complaint of the petitioner is that when Ballari Ramu went to the Police Station to lodge a complaint, the same was not entertained and more over, he was harassed and he was given such treatment. That apart, in spite of registering the case at his instance, cases have been registered contra. In the counter affidavit sworn to by Sri B.Raja Rao, Sub Inspector of Police, Achanta Police Station, it is stated that initially on 16.06.2005 the petitioner as well as Ballari Ramu came to the Police Station around 8.30 p.m. and asked the constable to register case against one Guthula Kutumba Rao and two others. When the constable, B.Srinivasa Rao asked them to wait till SI of Police comes, the petitioner and his brother got furious over the reply given and assaulted the constable him and also used vulgar language and threatened that they would kill him by pouring acid. Hence, the Constable requested the Sub Inspector of Police to take necessary action against them. On receipt of the complaint, the SI of Police registered the same as crime No.48 of 2005 under Sections 353, 323 and 506 (2) read with 34 of the Indian Penal Code (IPC) and investigation is pending in the said crime. It was further stated that basing on the report of P.C. 1060 B.Tirupathi Rao, a case in crime No.33 of 2005 under Section 224 IPC was registered, investigated and charge sheet was also filed. The same has been numbered as C.C.No.2 of 2005 on the file of the Judicial First Class Magistrate, Palakole. Therefore, the allegations made by the petitioner are not correct. Subsequent to filing of the reply affidavit on behalf of the petitioner, once again complaining about the harassment and ill treatment, an additional affidavit dated 12.07.2005 has been filed by the same officer stating that the petitioner and his brother are accused in crime No.39 of 2005 under Sections 353 and 506 (2) read with 34 IPC of Achanta Police Station registered on 26.04.2005. During the course of arguments, learned counsel on either side submitted that all these three cases have been enquired into and are completed and therefore, no such case is pending. The counsel on behalf of the petitioner further submits that no action has been taken against the officials concerned. On a consideration of the submissions made and on perusal of the material available on record, especially with regard to the subsequent developments and the initial complaint was sought to be lodged as long back as in the year 2005 and the disposal of the four cases, we are of the opinion that the petitioner can seek remedy by approaching the Magistrate concerned under Section 200 of the Code of the Criminal Procedure by filing a private complaint, which shall be dealt with in accordance with law. Accordingly, the Writ Petition is dismissed. No costs. _________________ (B.PRAKASH RAO, J) _____________________ (L.NARASIMHA REDDY, J) 25th February 2008 RRB Copy to: 1. Rajarao, Sub Inspector of Police, Achanta Police Station, West Godavari District. 2. Srinu, Police Constable, Achanta Police Station, West Godavari District. 3. The Superintendent of Police, West Godavari District at Eluru. 4. The Collector and District Magistrate, West Godavari District at Eluru. 5. The Secretary to Government of A.P., Home (Police) Department, Secretariat, Hyderabad. 6. The Superintendent, Government Hospital, Palakol, West Godavari District. 7. The Director of Health, Medical and Health Services, Government of A.P., Koti, Hyderabad. 8. Two CCs to the Government Pleader for Home (OUT). 9. Two CD copies.