MANEPALLI MOHAN RAO Vs. S SURESH KUMAR

JUDGEMENT

(1.) Petitioner challenges passed against him, by the 1st respondent, the order of imprisonment dated 25-3-2004, as being illegal, arbitrary and violative of Article 21 of the Constitution of India. He seeks consequential reliefs also.

(2.) Petitioner contends that he was kept in the Central Prison, Rajahmundry, in relation to alleged offence under Arms Act, and that he was released on 21-3-2004. According to him, the 4th respondent, Station House Officer, 1 Town L&O Police Station, Rajahmundry, who, at the relevant point of time, was the 5th respondent, whisked away from the prison, and kept in Police Station for about 3 days. He alleges that on 25-3-2004, he was produced before the 2nd respondent, Sub-Divisional Magistrate, who, at the relevant point of time, was the 1st respondent, and there, the impugned order was passed for imprisonment, for a period of one year, without conducting any inquiry, trial or, without giving him an opportunity of defending himself. He submits that the 1st respondent did not follow the procedure prescribed under Sections 111 and 116 of Cr.P.C, and had passed the impugned order, just by acceding to the request of the 5th respondent.

(3.) The 1st respondent filed a counteraffidavit. It is stated that the petitioner was involved in several crimes, under various provisions of law, and that the 5th respondent had registered the Crime No.145 of 2004, under Section 110(e) of Cr.P.C, on 21-3-2004. It is stated that the 5th respondent arrested the petitioner, as a preventive measure, and had produced before him, with a view to take prohibitory steps, in view of the impending allegations.