V VENKATA RAMANA Vs. STATE OF A.P.

JUDGEMENT

(1.) Crl.P.No.58 of 2017 is filed by A.1-Sri C.Sudhakar Reddy, RDO Nandyal and Crl.P.No.2613 of 2017 is filed by A.2 Sri V.Venkata Ramana, Inspector of Police, Nandyal in seeking to quash the proceedings in SC ST CC.No.29 of 2016 on the file of Special Judge for ST and SC Cases-cum-VI Additional District & Sessions Judge, Kurnool, which is outcome of private complaint of the 2nd respondent-defacto complainant P.Pamulety, an advocate by avocation at Nandyal, taken cognizance for the offences punishable under Sections 3(1)(p)(r)(s)(u)(z), 3(2)(vii) of Scheduled Cates & Scheduled Tribes (Prevention of Atrocities) amendment Act 2015 (for short 'the Act') and Section 341 r/w 34 IPC.

(2.) Heard learned counsel for the respective petitioners and the learned counsel for the defacto complainant in both the matters for common disposal and also the learned Public Prosecutor representing the 1st respondent-State and perused the entire material on record.

(3.) Before coming to the grounds in the quash petition, the factual matrix necessary to refer is that there is a complaint in the form of report and not in the form of private complaint, dated 28.06.2016 filed by the 2nd respondent- defacto complainant in Telugu script before the learned Special Judge supra saying he is advocate by profession at Nandyal, one of his client S. Vimala Rani W/o. Nararaja Reddy expressed her grief on 07.06.2016 in the Nava Nirmana Deeksha program at Allagadda complaining against revenue authorities with regard to non-issuance of pattadar passbooks, the officers then stated in wiping out their tears of they will inform the RDO and see that justice will be done. However on next day i.e., 08.06.2016 there is a news item published as disputed payment of bribe the officers are not working properly in discharge of their official duties. On that day evening said Vimala Rani along with her papers came to Nava Nirmana Deeksha program and submitted a representation to the RDO. It was on next day 09.06.2016 the RDO telephoned to the MRI, Chagalamarri and the VRO in turn told to meet the RDO at Nandyal. On 10.06.2016 next day at 10.00 AM said Vimala Rani along with her mother Jojamma went to the RDO, Nandyal and submitted further details. At that time the RDO put a question to Vimala Rani as to when her husband died and she did not reply and immediately he returned the papers to her. He questioned how she can forgot the date of death of her husband and thrown the papers on her. She while weeping telephoned to him and at about 11.00 AM he went to the RDO-Sudhakar Reddy-A1 and introduced himself as advocate practising at Nandyal by name Sri Pamulety and said Vimala Rani is his client who approached him in relation to getting of pattadar passbooks and shown his ID card. The RDO used the words merely because he happened to be an advocate and he replied to him and thrown his ID card. He questioned the RDO how far he justified to do so mere because he happened to be an SC advocate and came to render justice to his client and the RDO responded saying he has seen many advocates like the complainant in saying they used to take bribes and move around the office and interfere with administration without any concern and merely because happened to be an advocate are there any horns born to him and had he chooses he can cause cancel his enrolment and also his caste certificate and asked him to go out by saying he can call after half an hour and made him to wait till 4 PM without calling. Said Vimala Rani telephoned to the Joint Collector and informed the same and the Joint Collector through the camp clerk telephoned to the Vimala Rani saying he talked to the RDO who is on video conference and later came and met the RDO. After sometime when said Vimala Rani along with complainant-Pamulety were waiting the CPI leaders P.Muralidhar, D.Tulasi Ramaiah and A. Nagamalleswara Reddy in relation to the issue of Vimala Rani met the Senior Assistant Madhusudhan of RDO office and Rc.No.255/2016/A dated 08.06.2016. Pursuant to the newspaper clipping the file received from Tahsildar, Chagalamarri by RDO, Nandyal was shown and when asked to give Xerox copy he did not give but permitted to reduce to what it contains and it was mentioned therein of the mother in law of Vimala, executed a document to her eldest son Indra Prasad Reddy as her successor and the legal heir of Indra Prasad Reddy by name Singam Rajashekar Reddy obtained pattader passbook No.48713, account No.343 and Appi Reddy, Prameela Devi and Rammohan Reddy purchased from him. It is further stated later the advocate Pamulety and his client Vimala Rani and her mother Jojamma met the RDO and he asked the RDO to acknowledge about their approaching him in writing for which RDO questioned as to can they ask any written acknowledgment of their presence and also questioned about telephoning to the Joint Collector by him and his client and asked to go out of his office. Said Advocate Pamulety questioned the RDO in asking to go out of his office when he came for his client, RDO stated not bound to respond him and RDO in his cell phone photographed the same and asked to call the police and then III Town ASI and constable came there and removed the cell phones of them and arrested them on the evening of Friday at 5.00 PM and kept at III Town PS and their names and address noted and given to the III Town CI-A2 and the CI received therefrom complaint of RDO, he said Pamulety even informed that he is advocate the CI questioned was what if an advocate and did not even enquire them and left the police station and they were kept till next day 3.00 PM without any enquiry in the police station and produced before the JFCM by Saturday evening and he made a representation of he is suffering from ill-health before the Magistrate, however he remanded all of them to judicial custody to the Nandyal Sub Jail. It is stated further that 2 years prior to that he suffered with heart problem and having seen the jail climate in the jail cell he lost conscious and one Muralidhar who was also in the cell raised cries and the jail officer Satyanarayana came there and decided to shift him to hospital and telephoned to III Town Police Station for escort and the CI III Town or SI III Town did not respond even to the landline of the Police Station from jail landline called and it was at about 9 PM on that Saturday as a last resort when telephoned to the landline of PS, head constable informed of telephoned to CI and II town constables from II Town, HC and 2 constables when telephoned to II Town Police Station and they put handcuffs to him (advocate Pamulety) and even he questioned they did not heed by saying it is order of their Inspector and taken therefrom to Government Hospital, Nandyal and informed to provide any treatment early and he was administered saline and while so even he asked to go for urinals they did not believe and questioned as if he was speaking falsehood with abuse and cause stopped the saline administering and did not remove the handcuffs and he was asked with those handcuffs to go for urinals and thereafter in an auto got back to the jail by unheeded to the request to continue his treatment in the hospital and further administering of saline and he was in precarious situation. The co-jailor in the cell Muralidhar has given mental strength to him with breath analysis exercise and he spent till next morning with that difficulty and on next day the jail authorities informed escort people to come by 9.00 AM to send to hospital and 2 constables again came and put handcuffs and taken to Government hospital by made him to walk and the Doctor examined his pulse and he was admitted in ICU with handcuffs kept there and at the noon time III Town police came and continued accordingly. The co- advocates Rajendraprasad, Satyam, Krishna Lingamaiah came there to see him on seeing the handcuffs perturbed and shocked and they telephoned to III Town Police Station who stated they are no way concern and on next day that is Monday at about 11 AM Inspector Venkata Ramana came and asked him as to why he is playing dramas and tamashas and asked to continue the treatment with handcuffs in the Hospital and even threatened the hospital nurses and Doctors and he suffered mentally therefrom. On that day the advocate association Nandyal convened a general body meeting and boycotted the Courts and came in writing to the III Town Police Station and raised rastarokos for nearly one hour and they came to the hospital to see him and noticed with handcuffs hence to take action.