P SAMBAIAH Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) ORDER:-Heard. This writ petition is filed seeking an appropriate Writ or order or direction declaring the action of the 5th respondent i.e., the Sub-Inspector of Police, Anantapalli, Nallajerla Mandal, West Godavari district, in interfering with the life and............... and liberty of the petitioner and his family members and their business without following the due process of law as illegal, arbitrary and high-handed.

(2.) It is alleged that the petitioner belongs to Dommara community and he is carrying on the business of rearing and selling pigs. His son is said to be running a Killy shop and his wife runs a coffee hotel. It is alleged that the 5th respondent hasbeen summoning the petitioner's wife and children to the police station frequently, sometimes, even during night times also and he is extracting work from them by extending threats. It is also alleged that the 5th respondent has been harassing the petitioner and his family members in several ways and that on 8-8-1995 at about 10 P.M., the 5th respondent along with some constables forcibly entered the petitioner's house and took away household Samans and other articles worth Rs. 10,000/- to the police station threatening the petitioner and his family memebrs with dire consequences if they raise any protest. It is further alleged that despite repeated representations to the higher authorities, no action has been taken so far in the matter. The petitioner states that he and his family members are living under great tension and fear and that they are being subjected to harassment by the police even though they have not committed any crime.

(3.) A counter-affidavit has been filed on behalf of the respondents by the 5th respondent denying the various allegations made by the petitioner and stating that the petitioner has three wives and they are running a regular brothel in their house. There were a number of complaints by the villagers against them. The police have, therefore, conducted raids on the petitioner's house a number of times and arrested the petitioner and his wives and other prostitutes who were caught redhanded while they were indulging in illegal activities. Cases have been filed against them under the provisionsofthe S.I T. Act and they were also convicted in those cases. The details of various cases filed against them and the convictions suffered by them are set out in the counter-affidavit.