GALLA RAVINDRANATH BABU Vs. COMMISSIONER OF POLICE VISAKHAPATNAM

JUDGEMENT

(1.) The petitioner is an advocate practising at Visakhapatnam. He was married to Swetha at Eluru on 23-4-2001. For various reasons, including due to alleged incompatibility, wife and husband could not live together much longer. Therefore, at the behest of elders they entered into a notarise agreement on 17-9-2001 to dissolve the marriage and also settle all the disputes relating to sharing of common property and common assets. It is now alleged that the third respondent, Inspector of Police, CBCID, Visakhapatnam, started going to the house of the petitioner in civil dress and threatening the petitioner and his aged mother with dire consequences, if the petitioner does not settle the things with Smt. Swetha. It is also alleged that the third respondent obtained signatures of the petitioner and his mother on blank papers and harassing both of them by insisting that the petitioner should disclose the particulars of his sister residing at Chennai, in State of Tamil Nadu. There are other allegations made against the third respondent, a reference to which is not necessary for the purpose of disposal of the case. Be that as it may, on these allegations, the petitioner approached this Court in January, 2002 praying this Court to declare the action of the respondents in taking signatures on blank papers and continuously harassing the petitioner and his mother is unconstitutional.

(2.) The matter was listed way back on 29-1-2002 and this Court requested the learned Government Pleader for Home to get instructions in the matter. The matter was again adjourned on as many as eight occasions. The Sub-Inspector of Police, IV Town (Law and Order) Police Station, Visakhapatnam filed counter-affidavit on behalf of respondents 1 and 2. The third respondent who is impleaded in his personal capacity has also filed counter-affidavit. The respondents 1 and 2 in their counter- affidavit denied all the allegations made in the writ petition and also plead misjoinder of parties as no complaint is made against respondents 1 and 2.

(3.) The third respondent, Inspector of Police, CBCID, in his counter-affidavit states that Smt. Galla Swetha, wife of the petitioner, gave a petition to the Superintendent of Police, Women Protection Cell, C.I.D., Hyderabad, on 18-10-2001 alleging dowry harassment and cheating by suppressing the impotency of her husband, and harassment subsequent to marriage for more dowry. The said application was forwarded by the Additional Director-General of Police, C.I.D., A.P. vide letter dated 6470/ C14/WPC/CID/2001 dated 1-11-2001 for enquiry and also for verifying the genuineness of the petitioner and for submission of report. He further states that according to the advise of the Additional Director General of Police, he enquired into the matter and examined twelve witnesses including the petitioner and mother of the petitioner. He also admits that on. 22-11-2001 he along with his staff visited the house of the petitioner in civil dress to take statements from the petitioner and his mother and also enquired about the sister of the petitioner so as to record her version.