A OMKAR Vs. COMMISSIONER OF POLICE HYDERABAD

JUDGEMENT

(1.) The instant proceeding under Article 226 of the Constitution of India has been taken up on the basis of a representation by the petitioner herein Sri A. Omkar, Son of Sri A. Jagath Kumar, resident of 71, Sealord 'B' Building, Cuffee Parade, Bombay during his temporary stay at Room No. 9. Secunderabad Club at Secunderabad to the Chief Justice of the Court, which is as follows :- "I am the President of World Investments Ltd., which is a company with International Reputation. I got an offer from JCT Ltd., Phagwara, to be their Indenting Agent in Andhra Pradesh in the name and style of Andhra Associates. The offer came in the Month of June, 1994 after great pursuation from my side. Meanwhile one Mr. A. Gopal Rao approached and requested me to include him as the partner in the said Organisation and offered to pay the Security Deposit to JCT Ltd. and comply with all necessary formalities and manage the Agency on regular basis. As I was due to shift to Bombay in connection with the management of World Investments Ltd., accepted the offer given by him. It was agreed by us that he shall look after the day to day affairs of the Agency in Hyderabad and take 60% of the profits in the business. In accordance to our understanding the said Mr. A. Gopal Rao deposited Rs. 1,00,000.00 as Security Amount to JCT Ltd. through Demand Draft in the Month of October, 1994. Though the said Mr. A. Gopal Rao promised and agreed to look after the day to day business by resigning his job from Eenadu Group of Companies, backed out stating that his management was not accepting. He also did not come forward to comply with the further required formalities with the JCT Ltd. on behalf of Andhra Associates and started avoiding me. Several mediations sent to him were proved futile owing to the acts and deeds committed by the said Gopal Rao, I was forced to surrender my Agency back to JCT Ltd. as I had turned down several offers made to me by others to mange the said Agency as I had already committed the same to the said Gopal Rao and as I was shifting to Bombay. But for the representation and promises made by the said Gopal Rao, I would not have entered into the said understanding which caused me huge financial loss and great amount of hardship and mental agony as I lost my credibility, image and reputation with the JCT Ltd., and business circles, apart from incurring huge financial losses due to loss of business. Meanwhile, the said Gopal Rao started resorting to all sorts of Criminal activities and threatening me with dire consequences as and when I visit Hyderabad and also by phoning to Bombay and intimidating me. On 5-1-1996 at about 5-00 p.m. the said Gopal Rao came to my room in the Secunderabad Club along with two other persons who claimed themselves as Task Force Police and took me to the Task Force Office at Begumpet. There one Mr. Chawa Ramakoti the Addl. D.C.P. literally forced me to accept for the payment in spite of my explaining the entire situation and the acts of cheating committed by Gopal Rao. The said Addl. DCP gave me time till 7-4-1996 to settle the matter, failing which he threatened me that even the president of India cannot save me from his hands. I came to Hyderabad on about 15th of this month to see my parents and to attend my Company's business and I am receiving anonymous calls forcing me to pay the said amount to Gopal Rao otherwise the Police will see my end. In these circumstances I apprehend danger to my life and property from the hands of the said Gopal Rao who influenced the Addl. DCP Mr. Ramakoti taking the directions from the Commissioner of Police, as it is learnt." Sri Omkar has sought necessary orders/directions to the Commissioner of Police, the Additional Deputy Commissioner of Police of Task Force Mr. Chawa Ramakote and their officers not to interfere in the above and harass as Gopal Rao with their help was trying to extract Rs. 2,00,000.00 from him.

(2.) In response to the notice of the Court, Sri Chawa Ramakote, Additional Deputy Commissioner of Police, Task Force, has stated in his counter-affidavit as follows :- "The material allegations made against me in the representation by the petitioner is that I, literally forced the petitioner to accept to make payment to the said A. Gopal Rao, in spite of the petitioner explaining the acts of cheating committed by said A. Gopal Rao and that I, gave him time till 7-4-1996 to settle the matter failing which he cannot be saved by anyone. The real and true facts are stated hereunder : On 28-12-1995, Smt. A. Shantha Yogeswari and Sri A. Gopal Rao lodged a complaint petition addressed to the Addl. Deputy Commissioner of Police, Task Force alleging that one Omkar (the petitioner in the above writ petition) has cheated them and collected an amount of Rs. 1,50,000.00 in cash and a Draft for Rs. 1,00,000.00 by making false promises that an agreement would be executed for partnership business with him to deal in whole sale cloth distribution business and on the other hand the demand draft that was given by them in favour of J.C.T. Limited Phagwara was deposited with J.C.T., Phagwara as if it is paid by Andhra Associates, Hyderabad. The petitioner also stated that Sri Omkar is not usually available at Hyderabad and he is living in Bombay and that he has come to Hyderabad then on a short visit and is likely to cheat more people in the manner in which he has cheated them and therefore, they requested that a thorough investigation into the matter and arrest the said white collar criminal ....... Sri A. Gopal Rao produced one P. Ramesh Kumar who is said to have introduced him to Omkar and who had a knowledge about the details of the dealing between Sri Omkar and Sri A. Gopal Rao. The said P. Ramesh Kumar also gave a statement in writing about the details of the transactions between them and as to how the said Sri Omkar duped Sri A. Gopal Rao. On receiving the said petition given by Smt. A. Shantha Yogeswari and Sri A. Gopal Rao and the written statement given by Sri P. Ramesh Kumar, since they disclosed a case of prima facie cheating and also that the petitioner complained that more people are likely to be cheated by Sri Omkar in the same manner and he may go away from Hyderabad to Bombay, I endorsed on the petition that Sri R. S. S. Charyulu, Inspector of Police, Task Force to enquire into the truth of the contents of the petition and report about the correctness of the allegations of the cheating contained in the said petition. The Inspector of Police, Mr R.S.S. Charyulu who was enquiring into the matter went to room No. 9 of Secunderabad Club on 5-1-1996 at 11 a.m., and contacted Sri Omkar and enquired in respect of the allegations contained in the petition given by Smt. Shantha Yogeswari and Sri A. Gopal Rao. During the course of enquiry Sri Omkar asked the Inspector of Police as to who was the Addl. Deputy Commissioner of Police, Task Force that asked him to make the enquiry. On that Sri Omkar expressed that he knew Sri Chava Ramakoti, the Addl. Deputy Commissioner of Police, and he would be happy to meet him at 5 p.m., in his office on the same day and explained to him about the allegations made against him by Sri A. Gopal Rao which according to him were untenable. The Inspector of Police came to me and informed me about this and he also informed Sri A. Gopal Rao about this and asked him to be present at that time. So that the versions of both of them could be known by the Additional Deputy Commissioner of Police. At about 5 p.m., on 5-1-1996 Sri Omkar came to my office, by that time Sri A. Gopal Rao had already come to my office. Sri Omkar explained to me about the transactions entered into by him with Sri A. Gopal Rao and said that it is on account of breach of the agreement on the part of Sri A. Gopal Rao in not making the full payment of Rs. 50,000.00 as agreed by him that he in his turn failed to get the agreement executed and arranged for the wholesale cloth distribution business. Sri A. Gopal Rao, on his part stated that for an amount of Rs. 1,50,000.00 which he paid in cash to Sri Omkar, he had not given any receipt for the said amount paid by him and therefore he was afraid to pay the rest of the amount as Sri Omkar was not willing to issue any receipt for the amount paid to him in cash. Finally Sri Omkar said that at any rate he would return the amount paid by Sri A. Gopal Rao, but however it is not possible to pay the amount then itself as he was not having sufficient funds and that he would pay the said amount in the month of April, 1996, for which Sri A. Gopal Rao also agreed. On the facts revealed in this enquiry I felt that though prima facie the petition given by Sri A. Gopal Rao disclosed a case of cheating as alleged by him, it is ultimately a case of breach of agreement on both sides and therefore a dispute of civil nature and consequently there is no need to refer this matter to the concerned police station to take action. Therefore, I asked both the parties to settle the matter among themselves as the police cannot interfere in this matter and if they fail to come to any agreement they can seek their remedy before an appropriate Court. Since that time I never saw Sri Omkar, the petitioner in this writ petition nor did I ever called him nor did I threaten him that he should settle the matter with Sri A. Gopal Rao. I am not aware of any anonymous telephone calls said to have been received by the petitioner and I submit that I or anybody on my behalf had never telephoned to him." The Additional Deputy Commissioner has stated that Sri Omkar had levelled false allegations against him that he literally forced him to accept to make payment to Sri Gopal Rao and that he threatened him that no one could save him if he did not settle the matter. He has asserted that Sri Omkar voluntarily offered to Gopal Rao to return the amount paid by him and the only reason why Sri Omkar had sent the representation to the Chief Justice is because he wanted to evade payment to Gopal Rao as promised by him. He has also denied the allegation that Sri Omkar had any reasonable apprehension of danger to his life and property at his hands and that Gopal Rao had influenced him.

(3.) Gopal Rao has entered appearance in the proceeding and has filed an affidavit stating inter alia, that Sri Omkar was introduced to him by one Potluri Ramesh in the month of October, 1994. Omkar claimed himself to be an influential person and grandson of one Smt. T. Lakshmi Kantamma, a close associate of the ex-Prime Minister of India, Sri P. V. Narasimha Rao and asked him to take the agency relating to JCT Mills (Fabrics) for Andhra Pradesh. He (Omkar) asked him to deposit an amount of Rs. 5 lakhs with the management of the JCT Ltd., Pagwara Manufacturers of J.C.T. brand textiles and another one lakh for doing business and assured that an agreement should be executed on an auspicious day as fixed by the astrologer. He (Gopal Rao) has alleged that : "He further assured us that an agreement shall be executed on an auspicious day as fixed by the astrologer. But before entering into the agreement the writ petitioner has taken Rs. one lakh draft dt. 30/10/1994 from us in the name of JCT Limited, Pagwara and assured us that he will enter into an agreement within short period .... Without any agreement only he has taken Rs. 50,000.00 cash along with the said draft in front of mutual friend Mr. Ramesh at Secunderabad Club, Room No. 9. After payment of Rs. 1,50,000.00 within a week writ petitioner rang up to Mr. Ramesh and informed him that a shop shall be and furniture and telephone shall be taken for running the business, for that reason he asked another sum of Rs. 50,000.00 urgently. According to his demand Mr. Ramesh informed me the same, at that time itself I denied further payment by saying that after opening the Bank account as per the oral agreement we will deposit the said amount in Bank account .... Mr. Ramesh informed the same to Mr. Omkar then he told us that his chartered accountant is out of station after he comes back he will open the Bank account hence, he asked us to pay Rs. 50,000.00 immediately .... Later on we did not see the writ petitioner till 20/11/1994 and informed us that he was in Bombay, all of a sudden he came to my residence along with Ramesh and requested me and my wife that he is in a critical position and needs Rs. 50,000.00 immediately because our Royal family came from Arab countries when he should take care of in 'Holiday Inn Krishna'. Further he assured that he will enter in the agreement immediately after Royal family left the city. Even at this time also myself and petitioner No. 2 believed the words of writ petitioner and gave him Rs. 50,000.00 cash. After receiving the said amount the writ petitioner asked us to meet him after one week. As per his instructions we met him then, he informed us that some others are also interested in this business and willing to pay Rs. 7 lakhs and asked us for another Rs. 2 lakhs for dealership as otherwise he will give the dealership to the other party. I informed him that we are not in a position to pay another two lakhs. Hence, asked him to return the amount of Rs. 2,50,000.00 paid to him. The writ petition promised to pay back the amount by end of February. 1995. Later on we met him in the last week of February, 1995 on that day he told us that without any appointment we should not meet him and further threatened that he knows the Police Commissioner to Prime Minister personally and he can do whatever he wants. Since, then onwards we did not see him and his whereabouts are also not known to us. ... in these unavoidable circumstances myself and my wife made a complaint on 8-12-1995 to the Additional Deputy Commissioner of Police, at Begumpet (Task Force), Hyderabad because he was living at Bombay and came back to Hyderabad on a short visit. ... after receiving the complaint the Additional D.C.P. endorsed on the complaint that Sri. R. S. Charyulu, Inspector of Police, Task Force to enquire into truth of the contents of the complaint and asked him to report the same. As per the instructions of Additional D.C.P. the said S.I. has gone to Room No. 9 Secunderabad Club on 5-1-1996 at 11 a.m. met the writ petitioner and enquired about the allegations contained in the complaint given by us. During the course of investigation writ petitioner asked him that who was the Additional D.C.P., and after knowing the same Omkar informed that he knew Mr. Pamakoti Additional D.C.P. Task Force and he would be happy to meet him at 5pm in his office on the same day. At about 5pm on 5-1-1996 Omkar came to Additional D.C.P. Task force office and informed him in my presence that he will pay the amount in the month of April, 1996 for which I accepted but I did not receive a single paisa till today and issued a lawyer notice dt. 21-6-1996 to the Additional D.C.P., Task force that to initiate necessary prosecution proceedings against Mr. Omkar as per the complaint given by us. I further state that there was a threat to me and my family because 'Omkar' is making telephone calls to us that we should withdraw the complaint made against him failing which we should be facing dire consequences. Then we came to know that the writ petitioner made a representation to the Hon'ble Chief Justice, High Court of A.P. with all false allegations without making me as a party respondent after lapse of 3 months from 5-1-1996. ... the police in discharge of their duties registered a crime and are investigating into the crime in exercise of powers of investigation and the same cannot be interdicted at this stage."