THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.27364 OF 2008 Dt.06-09-2010 Between: Seelam Srinivas @ Chinmallam Srinu S/o. Musalayya and another …. Petitioners AND Government of Andhra Pradesh, Rep. By its Secretary, Home Department, Hyderabad and others. …. Respondents THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.27364 OF 2008 ORDER: The only grievance of the petitioners is that though they made a representation on 23-11-2008 to respondents 2 and 3, no action has been taken by them and that respondent No.4 is harassing the petitioners and their family members high-handedly, taking the law into his own hands. 2. There is no necessity of going into all the details. 3. Respondent No.4 – Station House Officer, Penugonda Police Station, West Godavari District, filed a counter affidavit, stating that the petitioners have submitted a representation dated 23-11-2008 to the Superintendent of Police and Deputy Superintendent of Police Penugonda Circle of Eluru, West Godavari District, respondent Nos.2 and 3 respectively, stating that they are accused Nos.1 and 4 in Crime No.104 of 2008 of Penugonda Police Station for the offences alleged under Sections 387 and 522 read with 34 IPC and accused No.1 was taken into custody on 07-09-2008 and was detained illegally by the Station House Officer, Penugonda for more than 18 days and that petitioner No.2 was arrested on 24-09-2010 and both of them were released on conditional bail on 4-10-2008 with a condition that they should appear before the SHO, Penugonda, every day between 8-00 AM and 10-00 AM and that when they appeared before the SHO, Penugonda Police Station, every day between 8-00 AM and 10-00 AM, he is asking them to be there till evening and that if any offences are committed by any one, either in that jurisdiction or neighbouring jurisdiction coming under other police stations, the SHO calling them day in and day out to the police station and abusing them in filthy language and beating them black and blue and harassing them mentally and physically and that the SHO openly demanding money from them and also threatening them that if they did not give money, he would implicate them in other crimes and that he has got powers to encounter and no one can do anything and, therefore, apprehending danger to their lives in the hands of respondent No.4, the petitioners requested the authorities to interfere with the matter and direct respondent No.4 not to harass the petitioners and their family. 3. It is further stated that upon receipt of the said representation, the Sub-Divisional Police Officer, Narsapur has conducted enquiry into the contentions raised by petitioners in the representation and submitted a detailed report to the Superintendent of Police, West Godavari District at Eluru vide Proceedings C.No.1063/SDPO-N/08 dated 03-12-2008. In the enquiry, it was revealed that the petitioners along with other accused demanded money from one Undavalli Satyanarayana and one Suthapalli Veera Venkata Satyanarayana by threatening to kill them and upon complaints being made by the said persons, the police registered Crime No.104 of 2008 for the offences under Section 387 and 511 read with 34 IPC and Crime No.105 of 2008 for the offences under Section 386 read with 34 IPC and investigated into both the cases and during the course of investigation, the police arrested the petitioners and sent them for remand and the other accused surrendered in the Court and that charge sheets were filed in both the cases in C.C. Nos.807 of 2008 and 786 of 2008, respectively, and they are pending before the learned II Additional Judicial Magistrate of First Class, Tanuku. The allegation that the petitioners are apprehending danger to their lives in the hands of respondent No.4 is false and invented for the purpose of filing this writ petition and that respondent No.4 never harassed the petitioners or their family members at any point of time and not detained them illegally as alleged by the petitioners. 4. In view of the facts and circumstances of the case, the Writ Petition is disposed of directing respondent No.4 not to harass the petitioners or their family members in any manner whatsoever, and to act strictly as per law. There shall be no order as to costs. _____________ C.V. RAMULU, J September 06, 2010. KTL