B.Vijaya Bhaskar v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 26744 OF 2017 O R D E R:

This Writ Petition is filed seeking a mandamus to declare the action of the 3rd respondent Station House Officer, III Town Police Station, Anantapur in summoning the petitioner to the police station, making him sit there from morning till late hours and threatening him to settle the civil disputes with the 4th respondent, without following due process of law, as illegal and arbitrary. The case of the petitioner, as can be seen from the affidavit filed in support of the Writ Petition, is that taking advantage of their friendship, the 4th respondent requested to allow him to run the wine shop which was allotted in the name of the petitioner, for which, he promised to pay good will at Rs.10 lacs per year. In that process, the 4th respondent asked the petitioner to open the bank account and hand over cheques to him for doing wine business.

Accordingly, the petitioner opened the bank account and handed over 25 cheques, out of which, three cheques were used and the remaining cheques were left unused and rest of the transactions were done by the 4th respondent by using secret code given by the bank officials. Though the period of lease was completed on 30.06.2017, no good will amount was paid to the petitioner. Now, the 4th respondent started blackmailing the petitioner saying that he would file cheque bounce cases against him. The 3rd respondent and 4th respondent colluded each other and started harassing the petitioner to pay Rs.7.5 lacs, otherwise they would file criminal cases against him.

respondent Station House Officer has been summoning the petitioner to the police station, making him wait there the entire day, without following due process of law.

Heard learned counsel for the petitioner.

Learned Government Pleader for Home, on oral instructions, submits that the allegations made in the affidavit are all false. Today, while entertaining Writ Petition No. 26557 of 2011, this Court made the order to the following effect: " It is time to observe that day in and day out, this Court is flooded with Writ Petitions of the present nature and complaints are being lodged with the Superintendent of Police against the Station House Officers concerned alleging that they are interfering with the civil disputes and in that connection, detaining one party illegally, at the instance of the other. Normally, in such cases, when this Court issues notice, the police officials have been giving instructions denying the allegations made against them. Though there is no order, in writing, seeking their appearance before the police station, out of fear, the petitioner, for that matter, the other citizens are constrained to attend the respective police station. In this scenario, this Court takes judicial note of these aspects occurring on daily basis.

As a matter of fact, the Apex Court in 2006 itself, while rendering judgment in Prakash Singh v Union of India1, made certain recommendations and directed them to be binding on the State Governments. A learned Judge of this Court also considered the subject issue, in detail, in Writ Petition No. 14072 of 2016 and batch. After taking notice of the judgments of the Supreme Court, the learned Single Judge vide judgment dated 27.04.2017, had directed to implement the ruling rendered in Prakash Singh's case, the operative portion of which reads as under:

"

In view of the above legal position, these Writ Petitions are disposed of directing the Principal Secretaries 1 (2006) 8 SCC 1

to Governments, Home Departments of Telangana and the Andhra Pradesh to constitute a 'State Security Commission' and a 'Police Complaints Authority' as directed by the Supreme Court in Prakash Singh, by co-opting the Member Secretary of the State Legal Services Authority of the concerned States as Member of the State Security Commission and the Secretary of the District Legal Services Authority as a Member of the Police Complaints Authority at the District Level.

Since more than a decade has passed after the Supreme Court issued directions and there is an urgent need to create a mechanism for redressal of the grievances of the public in respect of police actions, the "State Security Commission" and the "Police Complaints Authority" shall be constituted as expeditiously as possible not later than three months from the date of receipt of a copy of this order and on such constitution, the complaints of the petitioners in the above three writ petitions, shall be sent to the State Security Commission for further action since there was failure on the part of the Superintendents of Police concerned in taking action by investigating into the complaints. On constitution of such Commission and Authority, wide publicity shall be given in the print and electronic media in order to educate the general public."

In that view of the matter, since the State is yet to take steps, as directed by this Court, in terms of Prakash Singh's case, the 2nd respondent Superintendent of Police (Rural), Guntur District, with whom the petitioner lodged a complaint against the 5th respondent Station House Officer on-line on 15.05.2017, shall initiate necessary disciplinary action, if warrants against the latter.

It may also be noted that the petitioner shall be entitled to seek injunctive relief against Respondents 6 to 8 and the 5th respondent Station House Officer in his eo nominee capacity. He also can seek damages against the individual, who is officiating as the 5th respondent. Once the civil action is initiated against the individual, he is required to approach the civil Court and defend himself and justify why the damages should not be awarded against him. In that way, an effective check can be put against the individuals who are officiating and abusing their office.

Subject to above, the Writ Petition is disposed of. No costs."

In view of the order in the above-said Writ Petition, this Writ Petition is also disposed of, in terms thereof. No costs. Consequently, the miscellaneous Applications, if any shall stand closed.

____________________________ CHALLA KODANDA RAM, J 11th August 2017 ksld