K SAHADEVAIAH Vs. N SRINIVASA CHARI

JUDGEMENT

(1.) This writ petition raises an important question as to method and manner in which suspects of offence, who are also Police Officers; Inspectors of Police, Sub-Inspectors of Police, Head Constables and Police Constables - are to be dealt with under the law. The question stems up for consideration in the circumstances briefly narrated hereunder.

(2.) During elections to Chilamanur Gram Panchayat the second petitioner contested for the office of Ward Member of fourth ward. During counting of votes for Sarpanch post, there were clashes between opposing groups and a crime being Crime Ndo.45 of 2001 at Balayapalli Police Station was registered on 20.8.2001. It is alleged that the second respondent and others picked up the petitioners and were beaten severely by resorting to third degree methods. They were abused in filthy language presumably because the petitioners contested the election. It is also alleged that both the petitioners were paraded half naked in the main streets of the village. All the twelve arrested persons were not even produced within twenty-four hours before Judicial Magistrate of First Class. First petitioner's wife sent a representation to the Hon'ble the Chief

(3.) Justice of this Court, and thereafter first petitioner was produced before Judicial magistrate of First Class, Venkatagiri, who sent him for medical examination. The second petitioner was also produced before the Magistrate only when his wife submitted a petition to the learned District Judge, Nellore. The petitioners alleged that they were tortured and a leg and a hand of the second petitioner were fractured.