PARVATHI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The above writ petition is filed by one Mrs. Parvathi w/o alleged detenue No. 1 and a relation of Mr. Raju, alleged detenue No. 2 and is the sister of Mr. Dharam Singh, alleged detenue No. 3 and Aunty of Mr. Sanjay, alleged detenue No. 4 and related to Mr. Vinodya, alleged detenue No. 5. It is alleged in the affidavit filed in support of the petition that Police Personnel belonging to the Crime team criminally trespassed into the huts of the petitioner on 18-4-1995 at 2.30 a.m. and assaulted the petitioner and her husband and her daughters and caused injuries to family members and took away Rs. 30,000.00 which was kept in the house for the purpose of the marriage of the petitioner's daughters. Inspite of hues and cries made by the petitioner and the locality people, the Police arrested her husband along with other detenues 2 to 5 named above and took them away without bothering to tell the petitioner as to why her husband and other detenues were arrested. They were later locked up in Balanagar P.S. and thereafter their whereabouts are not known to the petitioner. Inspite of requests made by the petitioner to the police to release the husband and other detenues, the police did not release them nor produced the said detenues before any Court. Therefore, their detention is illegal and unlawful. It is further stated that detenue Nos. 1, 4 and 5 are vegetable vendors. That the detenue No. 1 is the husband of the petitioner, and the detenues Nos. 2 and 3 are auto drivers.

(2.) The Inspector of Police, Balanagar P.S., who is the third respondent in the above writ petition filed a counter-affidavit denying the allegations made by the petitioner and in particular the allegation that the detenues were locked up in Balanagar P.S. It is stated in the said counter that none of the alleged detenues are wanted for any crime in Balangar P.S., and therefore the question of detaining the alleged detenues by the Balangar P.S. does not arise.

(3.) The petitioner thereupon filed a petition to implead respondents 5, 6 and 7 in the above writ petition and accordingly vide orders passed in W.P.M.P. 11865 of 1995, dated 9-5-1995, the Superintendent of Police, C.C.S., and C.I. of Police, C.C.S., and Mr. Allauddin, Constable, C.C.S., all of R.R. District were impleaded as respondents 5 to 7 in the above writ petition. A counter-affidavit was filed by the Inspector of Police, Central Crime Station, Ranga Reddy District, the 6th respondent herein. In that counter, he denied the allegations of criminal trappers into the huts of the petitioner or of assault against the petitioner or her husband. It is categorically stated in the said counter that the incident that is said to have occurred on 18-4-1995 and the details thereof given in paragraph 2 of the petitioners affidavit are nothing but figment of the petitioner's imagination. It is denied that the police took away Rs. 30,000.00 from petitioner's hut and that the allegation is invented for the purpose of this writ petition. The allegation that the detenues were taken to Balangar P.S. is specifically denied. It is stated that enquiries made by respondent No. 6 revealed that two of the alleged detenues Mr. Maruti and Mr. Dara Singh i.e., alleged detenues 1 and 3 were arrested by the Narsapur Police of Medak District vide Crime Nos. 36 to 39 of 1995 for offences under S. 41, Cr.P.C. on 30-4-1995. They were produced before the Mandal Revenue Officer, Narsapur and were bound over. They were released on personal surety to keep good behaviour for a period of one year. Similarly, Mr. Raju, alleged detenue No. 2 was arrested by Medchal Police Station, R.R. District on 1-5-1995 in Crime Nos. 45 to 49 of 1995 under S. 41, Cr.P.C. and was produced before the Mandal Revenue Officer, Medchal on the same day and was released on execution of personal surety. Two of the alleged detenues Mr. Sanjay and Mr. Vinod, who are the alleged detenues 4 and 5 were arrested by Saroornagar Police of R.R. District on 29-4-1995 in Crime Nos. 195, 196 of 1995 of Saroornagar Police Station. They were produced before the Mandal Revenue Officer, Saroornagar on the same day, who ordered release on executing personal sureties for keeping good behaviour. The allegations that the detenue were detained by Balanagar P.S. or by the C.C.S., Ranga Reddy District is denied and the question of shifting them from Balangar P.S. to Golkonda P.S. does not arise.