MOSHIN ALI KHAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed seeking a Writ of Mandamus directing the 1st respondent-State Government to appoint a Judge not below the rank of District Judge to initiate a detailed enquiry into the allegations with regard to the news item published in Eenadu Telugu Daily on 28-3-1998 and submit a report and further declaring the unauthorised and illegal action of the respondents 2 to 6 in conducting frequent raids on the house of the petitioner and taking away the valuable articles from his house and a consequential direction to return the articles or refund the value of the articles together with compensation of Rs.5.00 lakhs.

(2.) As per the averment in the petition, it is stated that a news item was published on 28-3-1998 in Eenadu Telugu Daily stating that number of antisocial elements are moving in Jahanuma area and number of crimes are being committed. The Police is not taking any action against these anti-social elements and rowdy-sheeters. It is the case of the petitioner that by taking a clue from that news item, the petitioner is being harassed from time to time by the Police. The petitioner further states that on account of the incident which took place on 25-3-1995 in Moghulpura, the petitioner is being subjected to harsh treatment in the hands of the police. It is stated that the Police raided the house of the petitioner in the month of March, 1998 and seized valuable articles and also the Gym material without any authority of law. Thus the action of the Police is highly reprehensible and that necessary enquiry should be ordered into the conduct of the Police in seizing and harassing the petitioner from time to time. Therefore, the petitioner seeks appropriate direction and also compensation for the illegal acts committed by the police.

(3.) In the counter filed on behalf of the Police, it is stated that the petitioner, his brother and his father were involved in series of crimes and as far as the petitioner is concerned, he is involved in six crimes which are pending investigation. It is also stated that father of the petitioner was involved in more than 20 criminal cases and his brother in 8 criminal cases. The version of the police is that the petitioner, his father and his brothers were not only responsible for the outbreak of law and order but they were rowdy elements and also robberers and dacoits involved in various cases. As regards the incident relating to March, 1998, it is stated that a complaint was received to the effect that the petitioner committed theft of certain articles and therefore, on the basis of the report, the petitioner's house was raided and a number of Gym articles were seized and deposited in the Police Station and the investigation is in progress. It is also stated that a number of instances are there where the petitioner was involved in various criminal cases. Therefore, they submit that there are no merits in the writ petition and the same is liable to be dismissed.