P.RAJESWARI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed declaring the action of the respondent Nos.1 to 7 in not giving protection to the petitioner from respondent No.8 and their henchmen is illegal and arbitrary.

(2.) Brief facts of the case are that the local feudal henchmen of MLA and they have been resorting to violation acts to stop the petitioner from highlighting the cause of local poorer Sec. of the people. Petitioner had complained against these people to the he police authorities in January 2012. In fact, the petitioner was driven of her house and this house has been occupied by the henchmen of the MLA and it is claimed that the local office of the MLA and his party will be functioning from that house. The petitioner made a detailed representation to the DSP requesting to give adequate protection to her. In the meanwhile, the petitioner had approached the State Human Rights Commission feeling danger for her life. As a response, the Superintendent of Police had made a sweeping allegation that she is used to such kind of activity. The version of the police is in tune with the MLA who has influenced the local police. It is further stated the representations filed by the petitioner are pending with the respondent police and they are refusing to register FIR against MLA. Hence the inaction on the part of the police authorities and their active support to the respondents No.8 to 10 and their henchmen is illegal and arbitrary. Hence, the present writ petition.

(3.) The 5th respondent has filed Counter affidavit denying all the allegations made in the petition. It is contended that on a complaint of Smt. Mala Ramulamma of Arundati Nagar, Kurnool lodged with the III Town Police Station, Kurnool, a case in Cr.No.135/2013 under Ss. 420, 506 IPC was registered on 2/6/2013 against the petitioner herein as she collected money from her and others for providing house site pattas and accordingly cheated them. The petitioner herein is the sole accused in the above FIR. It is further contended that on enquiry by this respondent, it reveals that there is o threat viewed from any angle to the petitioner herein. However, in due obedience to the orders of this court, this respondent is ready and willing to provide protection to the petitioner for her life and liberty as and when the petitioner approaches this respondent after obtaining proper threat perception.