ADUSUMILLI RAJI RAO Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 of Cr.P.C. to quash the order dated 19-10-2001 passed in Cr.M.P.No. 4171 of 2001 in C.F.No. 8056 of 2001 on the file of Vth Metropolitan Magistrate, Vijayawada.

(2.) Before adverting to the question as to whether the order in Cr.M.P.No. 4171 of 2001 in C.F.No. 8056 of 2001 on the file of Vth Metropolitan Magistrate, Vijayawada can be quashed by this court, it may be necessary to note few relevant facts which are as under: The petitioner has been working as Non- Medical Assistant in Siddhartha Medical College. There are civil disputes between his wife-Smt. Adusumilli Sridevi and Gokaraju Ganga Raju (R-2 herein). His wife filed O.S.NO. 191 of 1997 against K. Kami Reddy and Sujatha Shaha, who is no other than the benamidar and wife of an employee of R-2 herein, for a permanent injunction on the file of Principal Junior Civil, Judge, Mangalagiri. She obtained a temporary injunction against them in I.A.No. 1718 of 1997. One V.Indira Devi also filed a suit in O.S.No. 268 of 1998 on the file of Additional Senior Civil Judge, Guntur for specific performance of agreement of sale and for a permanent injunction against Kallam Rami Reddy and she obtained an interim injunction against the said Kallam Rami Reddy from alienating the property. The petitioner filed a complaint against R-2 and others before the Judicial First Class Magistrate, Mangalagiri on 4-6-1998 for the offences under Sections 420,506 (1) r/w 34 of IPC. The learned Magistrate took the complaint on file as C.C.359 of 2000 and issued NBWs against R-2 and others. R-2 and others appeared before the court and got the NBWs recalled. In spite of the orders of the court in civil suit, R-2 herein purchased the said property in dispute in the name of his son Rama Raju. R-2 herein who is said to have close contacts with R-4 and R-5 (Sudip Lakatia and V. Gopala Krishna) filed a report on 30-10-2001 with R-5 (SHO, Patamata P.S.) alleging that the petitioner and his wife Smt. A. Sridevi threatened him at his factory premises and demanded him to pay certain amounts. R-5 received the report and registered a case in Cr.No. 315 of 2000 under Section 447, 384, 506 r/w 34 of IPC on the instructions of R-4. It is alleged that R-4 issued instructions to R-5 knowing fully aware that the report lodged by R-2 herein is false and that R-5 arrested the petitioner on 14-10-2000-2000 at "5 p.m. at his resident and confined him in lock up illegally. The petitioner was produced before the court on 16-10-2000 ,and the learned Magistrate released him on bail. The wife of the petitioner Smt. A. Sridevi surrendered before the court on 17-10-2000 and obtained bail. The petitioner filed W.P.No. 21420 of 2000 for declaration that the registration of case in Cr.No. 315/2000 of Padamata P.S. was illegal, arbitrary and violative of Article 21 of the Constitution of India. R-5 filed counter in the said writpetition. After filing the Writ Petition it is alleged that the petitioner was called to the office of Commissioner of Police, Vijayawada on 12th, 13th, 14/02/2000 and also on 30-9-2000 and pressurized to withdraw the cases filed by him against R-2 herein. That on 23-10-2000, 30-10-2000, 10-12-2000,15-12-2000,29-12-2000,13-1-2001 the police took the petitioner to the police station and forced him to withdraw the civil and criminal cases and that on 14-1-2001 R-5 and his friend tried to abduct the petitioner from his house. R-2 to R-5 put the petitioner and his wife in a predicament condition so as to succumb to the dictates of R-2. In these circumstances, allegedly the petitioner filed W.P.No. 654 of 2001 questioning the interference of R-4 and R-5 in the disputes between him and R-2 and this court directed R-4 and R-5 not to interfere with the civil disputes. R-5 and his men trespassed into his house, abused him and his wife in foul and filthy language and insulted the modesty of his wife. R-2 to R-5 demanded the petitioner to withdraw the case filed by him. The petitioner and his wife presented number of petitions to the Governor of Andhra Pradesh, Chief Justice of Andhra Pradesh High Court, Chief Minister of Andhra Pradesh, Principal Secretary to Home Department, Government of Andhra Pradesh etc. complaining the attitude of R-2 to R-5. CB-CID enquired into the petition allegations and submitted a report to the Government. After the transfer of R-4 from Vijayawada Police Commissionerate, the police filed final report stating that the case is Cr.No. 315 of 2000 is registered as a mistake of fact and thereby the crime registered against the petitioner and his wife came to be closed. The petitioner presented a complaint before Vth Metropolitan Magistrate, Vijayawada against R-2 to R-5 for the offences under Sections 177,220,323,327,330,341,342,348,448,506, 509 r/w 34 of IPC. He also filed Crl.M.P. No. 4171 of 2001 to refer the complaint filed by him to the CB-CID, Hyderabad for the purpose of investigation. It is averred in the complaint that the accused (R-2 to R-5 herein) are high ranking officials in the police department at Vijayawada and hence the Station House Of ficer of the concerned police station may not be in a position to conduct impartial enquiry and hence sought for enquiry by CB-CID. I feel it apposite to refer the relevant portion of the petition filed by the petitioner seeking the court to refer the complaint to the CB-CID for investigation.

(3.) On hearing counsel for the petitioner and perusing the records, the learned Vth Metropolitan Magistrate, Vijayawada dismissed the application on the ground that he is not competent to direct the police officer other than the concerned Station House Officer to investigate complaint allegation. Assailing the order passed in Crl.M.P. No. 4171 of 2001, the petitioner has filed this Criminal Petition.