ATKURI SAMMAIAH Vs. STATION HOUSE OFFICER KOTAPALLY

JUDGEMENT

(1.) is writ application shows a sorry state of affairs. It shows how the State in some cases of causing death to the citizens of India in alleged encounters is dealing with the matter.

(2.) The petitioner is the father of the deceased (Atkuri Srinivas). He alleges that on 3-12-1998 a Head Constable by name Shaik Chand, constable by name Dasarath and ten plain clothes policemen of Kotapalli police station carrying weapons came to their house and knocked at the door and upon opening the door, they forcibly entered and picked up the deceased (Atkuri Srinivas) and took him with them. The parents deceased went to the police station the next day morning but his arrest was denied, On 4-12.-1998 a newspapers report arose wherein it was alleged that the said Atkuri Srinivas said to be a deputy Dalam member of Peoples War Party was killed in encounter. The petitioner contends that the authorities of the State had refused to take disciplinary action against persons named hereinbefore nor registered a crime. The said persons are arrayed as respondents Nos. 6 and 7 along with others. It appears that a magisterial enquiry has been directed in the year 1998 and therein 12 witnesses were examined. No first information report has admittedly been lodged although more than two years have elapsed. Having regard to the aforementioned situation, by an order dated 8-2-2001 this Court directed the Revenue Divisional Officer, Mancherial to personally appear before this Court whereupon Sri B. Anajaih said to be the Revenue Divisional Officer was present before this Court and submitted an affirmed affidavit stating :"The Collector and District Magistrate, Adilabad has appointed the Revenue Divisional Officer and Sub-Divisional Magistrate, Mancherial as Enquiry Officer to conduct magisterial enquiry vide Proc. No. D3/ 1907/98, dt. 30-12-1998 (copy enclosed). The enquiry is with regard an incident dt. 4-12-1998 at about 0400 hours, in which it has been stated that exchange of fire has taken place between Cennur Dalam (PWG) and Police party at Kambojipet village, resulting in the death of one person by name Atkuri Srinivas alias Ravi, s/o Sammaiah, R/o Mallampet village, Kotapalli. The said order was received by me on 8-1-1999. On receipt of the said order, I have sent intimation to Circle Inspector, Chennur to furnish the following documents.1. FIR2. Inquest Report

(3.) List of participants in exchange of fire and list of other witnesses examined by the I.O.