LAWS(APH)-2008-6-60

BECHALA CHENNAKESAVA REDDY Vs. GOVERNMENT OF A P

Decided On June 25, 2008
BACHALA CHENNAKESAVA REDDY Appellant
V/S
GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) THE petitioner seeks to issue a writ of mandamus, directing the State government to pay compensation of Rs. 5 lakhs to him for the death of his son in the 4th respondent-Pedda Paparru Police Station, ananthapur District on 24. 9. 2002 and also to direct the CBCID to conduct enquiry and take appropriate action against the concerned police officials who are responsible for the death of his son.

(2.) IT is the case of the petitioner that one Mr. B. Anil Kumar Reddy, aged about 21 years is his only son. While so, two police constables from the 4th respondent police station visited his house at Chinna yekkaluru Village of Peddapaparru Mandal, ananthapur District continuously on 21st, 22nd, 23rd and 24th September, 2002 and enquired about his son, without disclosing the reason as to why his son was to be enquired. It is stated that on 23. 9. 2002 two police constables visited his house and when his wife asked them about the reason of their visit, the said two constables abused his wife in filmy language, and therefore, the petitioner himself visited the 4th respondent police station on 23. 9. 2002 as to know why the police regularly visiting his house, but no reason was given by the police, and in turn, it is stated that the police insisted him to produce his wife and his son before the police station on 24. 9. 2002, and threatened that if he failed to produce them he has to face serious consequences. Accordingly, on 24. 9. 2002 the petitioner, his wife and his son went to the police station, where the Sub Inspector of police is said to have abused the wife of the petitioner and also his son and after some time, the police asked the petitioner and his wife to leave the police station, leaving the son of the petitioner in the police station, for which the petitioner refused. But the police sent away the petitioner and his wife keeping the son of the petitioner by name Anil Kumar Reddy in the police station.

(3.) IT is stated that the petitioner returned back to the police station in between 2 p. m. and 2. 30 p. m. on 24. 9. 2002 and found that his son was lying on the ground struggling with some pain and he is not in a position to speak out the reason for his pain. The petitioner enquired the persons present in the police station, and he came to know that the police beat his son and poured some liquid in the mouth of his son and thereafter the police personnel obtained some anti-poison liquid from the neighbouring pesticide shop owner and poured the said liquid in the mouth of the petitioner son. Thereafter, called the Doctor and the petitioner's son was shifted to government Hospital, Tadipathri, where he was declared as dead. Immediately, the petitioner lodged a complaint before the deputy Superintendent of Police, Tadipathri against the police personnel of Pedapaparru police station, but without taking any action on the said complaint, the police registered a case in respect of death of his son as suicidal death in Cr. No. 56/2002.