IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.22070 of 2004 Between: 1 M.S.N. Raju, S/o. Narayanaraju, R/o. S.C. Bose Colony, Bhimavaram, W.G.District. 2 K. Gangarao, S/o. Venkatarao, S.C. Bose Colony, Bhimavaram, W.G. District. ..... PETITIONER(S) AND 1 Inspector General of Police, PCR Cell, C.I.D., Hyderabad AP. 2 Superintendent of Police, West Godavari at Eluru. 3 Dy. Supt of Police, Narsapuram, W.G.District. 4 Inspector of Police, Bhimavaram, Rural Police Station Bhimavaram, W.G.District. 5 D. Satyavathi, S/o. Solman Raju, Bhimavaram. 6 A.Krishnamma, W/o. Samuel, S.C. Bose Colony, Bhimavaram, W.G.District. 7 A. Sarojni, S/o. Samuel, Cristain, S.C. Bose Colony, Bhimavaram W.G.District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to Issue a writ order or direction more in the nature of writ of mandamus declaring the memo vide C.No. 153/FR/63/CID/2004 dt. 2.9.2004 directing the 3rd respondent to fill charge sheet in respect of Cr.No.56/2004 registered by kalla police as illegal, null and void and contrary to law as for a consequential order directing the official respondents drop all further proceedings in respect of C.No. 56/2004 pending on the file of the kalla police station W.G.District. Counsel for the Petitioner:MR.CH.DHANAMJAYA Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.22070 of 2004 ORDER: It is the case of the petitioners that they are residing at S.C.Bose Colony, Bhimavaram, West Godavari District. It is stated that some of their enemies erected live electrical wires to the gate of the compound wall and also to the house of the father of the 1st petitioner on 17-04-2004. Having came to know about the said erection, the father of the 1st petitioner lodged a complaint before Kalla Police on 17-04-2004 and that Kalla Police registered a case in Cr.No.42 of 2004 for the offence under Section 307 read with Section 511 IPC. During the course of investigation, certain notices have been served on the suspects to attend polygraph test for finalizing investigation. Aggrieved by the same, some relatives of the suspects, who belong to Christian community, gave a false complaint against the petitioners alleging that the petitioners abused them in filthy language by taking caste name and accordingly, the present case in Cr.No.56 of 2004 was registered by Kalla Police for the offence under Sections 509 and 506 (2) read with Section 34 IPC and Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. It is stated that the said case was lodged only as a counter blast to the case in Cr.No.42 of 2004. While the matter stood thus, the Sub-Divisional Police Officer, Narsapur, who is the investigating authority, investigated the case and submitted a report to the Superintendent of Police, West Godavari District, Eluru, seeking permission to file final report referring the case as false. A perusal of the said report, dated 06-06-2004, goes to show that during the course of investigation in Cr.No.42 of 2004, which was registered on the complaint made by the father of the 1st petitioner, certain notices have been served on five suspects to attend polygraph test for finalizing investigation. Aggrieved by the same, some relatives of the suspects made a complaint against the petitioners, pursuant to which, the present case in Cr.No.56 of 2004 was registered. It is stated that during the course of investigation, it was further revealed that in fact the 1st petitioner also filed a complaint against respondents 5 to 7, based on which, a case in Cr.No.55 of 2004 was registered for the offence under Sections 341 and 506(2) read with Section 34 IPC. Thus, it is stated that with a view to escape from the accusation in Cr.Nos.42 of 2004 and 55 of 2004, a false complaint has been made against the petitioners, based on which, the present case in crime No.56 of 2004 was registered. It is further stated that in fact complainants 1 to 3 in Cr.No.56 of 2004, i.e., respondents 5 to 7 herein submitted a written report stating that the petitioners have not committed any offence and they never abused them in the name of their caste and the complaint filed by them against the petitioners is false and in fact, there are no disputes among them. It is further stated that they also approached before the then Deputy Superintendent of Police on 01- 06-2004 and requested him to withdraw the enquiry in the said case. Therefore, the Sub-Divisional Police Officer wants to file a final report after obtaining permission from the Superintendent of Police. But, the Inspector General of Police, PCR Cell, C.I.D., A.P., Hyderabad, vide impugned Memo, dated 02-09-2004 directed the Investigating Officer to file charge-sheet, because a perusal of FIR in crime No.56 of 2004 suggests that an offence is made out. The memo of the 1st respondent, dated 02-09-2004, does not refer to the report of the Sub-Divisional Police Officer, dated 06-06-2004, and the object behind monitoring the cases registered against the persons is to prevent atrocities on the Scheduled Castes and Scheduled Tribes and to see that the real accused are punished and appropriate compensation is paid to them. But, in the instant case, instead of taking appropriate steps to prevent abuse of process of law, issuance of such memo by the 1st respondent amounts to abuse of process of law itself. As a matter of fact, respondents 5 to 7 also filed counters before this court stating that the petitioners have not committed any offence and they never abused them in the name of their caste and they are not aware of the facts recorded in the 161 Cr.P.C. statements alleged to have given by them to the police and, therefore, the question of invoking Sections 509 and 506 (2) read with Section 34 IPC and Section 3(1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 does not arise. It is stated that in fact, they have also approached before the then Deputy Superintendent of Police on 01-06-2004 requesting him to withdraw the case as the same was registered based on a false complaint said to have been given by them against the petitioners. In view of the aforesaid facts and circumstances of the case, I am of the opinion that the memo issued by the 1st respondent in proceedings C.No.153/FR/63/CID/2004, dated 02-09-2004, is illegal and unsustainable and contrary to the proceedings of the Sub-Divisional Police Officer in C.No.768/SDPO-N/04, dated 06-06-2004 and therefore, the memo issued by the 1st respondent is liable to be set aside. Accordingly, the impugned memo issued by the 1st respondent is set aside and the 3rd respondent is directed to file appropriate final report uninfluenced by any of the remarks made by the 1st respondent in Memo, dated 02-09-2004. Accordingly, the writ petition is disposed of. There shall be no order as to costs. ___________ 30-06-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JGK}