IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF JULY TWO THOUSAND AND FOUR PRESENT HON'BLE SRI DEVINDER GUPTA, THE CHIEF JUSTICE and HON'BLE Ms. JUSTICE G.ROHINI TAKEN UP WRIT PETITION No. 27232 of 1997 Between: Smt.Renuka W/o.late Chandra Reddy R/o.Garla Bayyaram ..... PETITIONER AND 1 The Station House Officer Bayyaram Police Station, Khammam District 2 Yalagonda, Head Constable, Bayyaram Police Station, Khammam District 3 Kishan Police Constable, Bayyaram Police Station, Khammam District 4 Subrahmanyam Police Constable, Bayyaram Police Station, Khammam District 5 Buchaiah Police Constable, Bayyaram Police Station, Khammam District 6 Sada Niranjan Sub-Inspector of Police Bayyaram Police Station, Khammam District 7 The Circle Inspector of Police Bayyaram Police Station Khammam District 8 The Deputy Superintendent of Police Yellandu, Khammam District. 9 The Superintendent of Police Khammam District 10 The Director General of Police Govt. of A.P., Hyderabad 11 The Govt. of A.P. rep. by its Secretary to Govt. Home(P)Dept., Secretariat, Hyderabad 12 The District Magistrate Khammam .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the petition 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 directing the respondents Nos.9 to 12 herein, to take action forthwith against the respondents Nos.1 to 7 herein who tortured the petitioner's husband viz. "Chandra Reddy" to death in the Bayyaram Police Station and to pass such other order or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. For the Petitioner :Mr. C.V.NARASIMHA REDDY, Advocate. For the Respondents : Govt Pleader for Home The Court Made the Following : ORAL ORDER: (Per Hon’ble the Chief Justice) A letter received from one Smt. Renuka, widow of Chandra Reddy, was registered as taken up petition. The petitioner alleged that on 30-09-1997 at 7 p.m., Sri Sada Niranjan, Sub-Inspector of Police, Bayyaram; Yelagonda, Head Constable and three constables namely Kishan, Subrahmanyam and Buchaiah came to her house, seized 11 whisky bottles and arrested Gottimukkala Srinu. She and her husband Chandra Reddy had just returned home from Khammam. On seeing her husband, the Sub-Inspector of Police beat and took him to the Police Station where he was lodged till 02-10-1997 on which date they produced him before the court and he was again brought to the Police Station on 03-10-1997. A message was received by her from the Police Station stating that her husband was ill and she was required to come to Bayyaram Police Station and when she went there, she found her husband in an unconscious state. The police shifted her husband to the Government Hospital where the Doctor examined and found him dead. Therefore, she wanted action to be taken against the police officials. When the matter was taken up, it was brought to the notice of the Court on 16-12-1997 that a Magisterial enquiry has been ordered by the Collector, Khammam, and the enquiry report was directed to be placed on record. A copy of the enquiry report has been submitted to the Court. During enquiry, the petitioner Smt. M.Renuka participated and in the enquiry it was found on the basis of material brought on record that J.Sada Niranjan and the Head Constable and constable i.e. H.C.315, and PC-2037 - were responsible for the death of M.Chandraiah. The responsibility was attributed personally to them and the Sub-Inspector of Police, J.Sada Niranjan agreed to compensate Smt. M.Renuka and on payment of Rs.1,00,000/-, she agreed to have the enquiry dropped. Accordingly, the S.I. of Police is stated to have opened an account in the name of Smt. M.Renuka in Nagarjuna Grameena Bank at Bayyaram and deposited Rs.60,000/- therein and also agreed to deposit the remaining amount of Rs.40,000/- after completion of enquiry. Enquiry was completed on 24-05-1999, and thereafter there has been no representation received from the petitioner and it appears that the petitioner’s grievance is redressed on acceptance of Rs.1,00,000/- as damages from the Sub-Inspector of Police and for that reason, we close the present writ petition. ------------------------------- DEVINDER GUPTA, C.J. -------------------- G.ROHINI, J 05-07-2004 BSC To 1. The Special officer, Public Interest Litigation Cell, High Court Buildings, Hyderabad. 2. The Secretary, A.P. State Legal Aid and Advisory Board, High Court Buildings, Hyderabad. 3. The Secretary to Government of A.P., Home Dept., Secretariat, Hyderabad.. 4 The Station House Officer Bayyaram Police Station, Khammam District 5 The Circle Inspector of Police Bayyaram Police Station Khammam District 6 The Deputy Superintendent of Police Yellandu, Khammam District 7 The Superintendent of Police Khammam District 8 The Director General of Police Govt. of A.P., Hyderabad 9 The Secretary,. Home Dept., Govt. of A.P., Secretariat, Hyderabad 10 The District Magistrate Khammam 11. 2 CCs to Govt. Pleader for Home, High Court Buildings, Hyderabad. 12. 2 CD copies