HON’BLE MR. JUSTICE R. SUBHASH REDDY Writ Petition No.1995 of 2011 Date: February 28, 2011 Between: Bellapu Nageswara Rao, S/o.Anjaneyulu, aged about 36 years, Occ:Coolie, R/o.Kattavarimeka, Muthyalapalli, Mogalturu Mandal, West Godavari District and another … Petitioners And Govt. of Andhra Pradesh, represented by its Principal Secretary, Home Department, Hyderabad and others … Respondents Order: This writ petition is filed by impleading 15 persons who are working in various capacities, from officers in the cadre of Principal Secretary, Home Department to the Sub-Inspector of Police, to call for records in different crimes on the file of different police stations on the ground that the same are registered with false and frivolous allegations in exercise of jurisdiction by the respondents-authorities. It is the case of the first petitioner-party-in-person that second petitioner is his brother and they are permanent residents of Kattavarimeka, hamlet of Muthyalapalli, Mogalturu Mandal, West Godavari District; they are agricultural coolies. It is stated that as the first petitioner has deposed in certain crimes against Excise officials, false cases are registered against petitioners by planting witnesses. It is further stated that as petitioners were agitating for selling of liquor at maximum retail prices in the liquor shop of Mutyalapalli village and also pleading for grant of licence in favour of one Smt.Katta Dhanalakshmi, by filing W.P.No.13488 of 2010, respondents have implicated petitioners in false cases and the same is in violation of rights guaranteed under Articles 14 and 21 of the Constitution of India. When the matter came up on 02-02-2011, it was adjourned so as to enable learned Assistant Government for Home to obtain instructions. On obtaining instructions, it is submitted by learned Assistant Government Pleader that both the petitioners are habitual offenders, habituated to manufacture and sale of I.D. liquor; when Excise officials conducted raids, they were attacking and assaulting public servants by using criminal force. It is stated that number of cases are registered against the petitioners for violation of the provisions under the Indian Penal Code, 1860 and also rules framed under Andhra Pradesh Excise Act, 1968 and such cases are pending trials in various Courts. As is evident from the instructions obtained from the learned Assistant Government Pleader, petitioners are habitual offenders, habituated to manufacture and sale of I.D. liquor. It is to be noticed that a case in Cr.No.875/2010-11 was registered against petitioners under Section 7(a) read with Section 8(e) of Andhra Pradesh Prohibition Act, 1995 and Section 50(A) of Andhra Pradesh Excise Act, 1968 and the said case is under investigation. Further, petitioners are accused in Cr.No.2094/2009-10 registered on 05-03-2010 and another case in Cr.No.979/2008-09 was registered against the first petitioner on 19-11-2008 for possessing 50 liters of I.D. Liquor and the same are under investigation. Various cases are registered against petitioners from the year 2008 and the following table indicates the cases so registered. Sl.No. Case No. & Section Name of the Police Station Petitioners involved 1. Cr.No.979/08-09 Dt.19-11-2008 U/s.7(a) & 8(e) of A.P. Prohibition Act Station House Officer, Prohibition and Excise, Narsapur, West Godavari District 1st petitioner 2. Cr.No.2094/09-10 Dt.05-03-2010 U/s.7(a) and 8(e) of A.P. Prohibition Act. Station House Officer, Prohibition and Excise, Narsapur, West Godavari District 1st and 2nd petitioners 3. Cr.No.875/2011 Station House Officer, Prohibition and Excise, Narsapur, West Godavari District 1st and 2nd petitioners 4. C r . N o . 3 4 of 2010 Dt.05-03-2010, U/s.353, 504 read with 34 IPC Station House Officer, Mogalturu, West Godavari District 1st and 2nd petitioners 5. Cr.No.2/2011 Dt.03- 01-2011, U/s.353, 504, 506 read with 34 IPC Station House Officer, Mogalturu, West Godavari District 1st and 2nd petitioners 6. Cr.No.7/2011, Dt.06- 01-2011, U/s.353 and 307 read with 34 IPC Station House Officer, Mogalturu, West Godavari District 1st and 2nd petitioners In view of the charges leveled against petitioners, unless trials are completed in the aforesaid crimes, it is not possible to accept the contention of petitioners that they were falsely implicated in the said crimes. As much as it is submitted by learned Assistant Government Pleader for Home appearing for respondents that petitioners are habitual offenders and they are also involved in cases assaulting public servants, I do not find any merit in this writ petition to admit the same, for grant of relief prayed for. Writ petition is therefore dismissed at the admission stage. No order as to costs. ___________________ (R. SUBHASH REDDY, J) February 28, 2011 MRR