DONGARI VENKATRAM Vs. TRIPATHANNA S I OF POLICE

JUDGEMENT

(1.) Heard Sri J. Kanakaiah, the learned counsel representing the petitioner and Sri B. Aga Reddy representing the respondents 1 to 6 and Public Prosecutor.

(2.) Sri J. Kanakaiah, the learned counsel representing the petitioner would submit that in the facts and circumstances of the case, the learned Judicial Magistrate of First Class Huzurnagar, Nalgonda District had not appreciated the facts and circumstances properly and declined to frame additional charges for the offences punishable under Sections 195 and 211 I.P.C. The learned counsel also would explain the facts and circumstances in detail.

(3.) The petitioner is the complainant in C.C.No.244 of 1999 and respondents 1 to 6 are the accused in the said case. It is stated that there is enmity between the petitioner and the respondents 4 to 6 in respect of their family properties. The petitioner and respondents 4 to 6 are relatives. The respondents 1 to 3 are the police officials and they are public servants. It is stated that the differences between the petitioner and the respondents 4 to 6 became serious and in this connection, they bore grudge against each other, while so, on 3-8-1999, in orderto wreck vengeance against the 3rd respondent, the petitioner had assaulted the 4th respondent and out raged her modesty at Kodad. In that connection, on a private complaint of 4th respondent, police of Kodad registered a case in Cr.No.112 of 1999 against the petitioner under Sections 354,323,379,500 and 506 I.P.C. The 3rd respondent who was working as S.I. of Police, Suryapet arrested the accused at Suryapet on 16-8-1999 at 11 p.m., and handed over to respondents 1 and 2 at Kodad. The petitioner was confined wrongfully in the police station of Kodad on that night and he was beaten and a fracture was caused to his left hand. After that on 18-8-1999 at 12 noon, the petitioner was produced before the learned Magistrate and he was remanded to the judicial custody by the learned Judicial First Class Magistrate, Kodad. The petitioner was again detained in the police station of Kodad from 16-8-1999 to 18-8-1999 and he was beaten. On 18-8-1999, the petitioner was produced before the Judicial First Class Magistrate, Kodad and on 18-8-1999; the petitioner was remanded to the judicial custody and was ordered to be detained in Sub-Jail, Huzurnagar. The respondent Nos.1 and 2 without producing the petitioner in Sub-Jail, Huzurnagar had detained and respondent Nos.1 and 2 had taken the petitioner to a private Doctor (M. Laxmi) at Kodad and simple bandage was made to his hand on 19-8-1999 at 10-00 p.m., the accused was produced in Sub-Jail, Huzurnagar. Subsequently on the order made by the learned Judicial First Class Magistrate, Kodad, the police had arranged the medical treatment for the petitioner in Osmania General Hospital, Hyderabad. Several other facts also had been narrated in detail.