WP/25667/2006 of Varakala Narasimha, Vs The Station House Officer, Chandur Police Station, on 26 December 2006

THE HON’BLE SRI JUSTICE D.S.R.VARMAANDTHE HON’BLE SRI JUSTICE P.SWAROOP REDDY

Taken Up Writ Petition No.25667 of 2006

Date: 26-12-2006

Between:

Varakala Narasimha, S/o.Ramulu,Theretupally, Chandur Mandal,Nalgonda District (Forwarded by the Secretary,APHC Legal Services Committee, Hyderabad).

… Petitioner/s

And

The Station House Officer,Chandur Police Station,Nalgonda District atNalgonda District and others.

… Respondent/s

THE HON’BLE SRI JUSTICE D.S.R.VARMAAND

Writ Petition No.25667 of 2006

ORAL ORDER:(per the Hon’ble Sri Justice D.S.R.Varma)

Heard the learned Government Pleader for Home, representing thelearned Advocate General, appearing for the respondents.

2. This Writ Petition is taken up on the basis of a petition, dated09.11.2006, by the petitioner -- Varakala Narasimha, son of Ramulu,Theretupally, Chandur Mandal, Nalgonda District, to the Secretary, A.P.Legal Services Authority, High Court Buildings, Hyderabad, which wassubmitted to the Hon'ble the Chief Justice, High Court of Andhra Pradesh,Hyderabad, alleging that his son, by name V.Mallesh, aged about 17 years,studying in Degree I Year, was implicated several times in false theft casesby the police of Chandur Police Station, Nalgonda District; that thepetitioner and his family members are being harassed by the said police;that his son has been absconding since 22.09.2006 and henceapprehending danger to his son’s life from the police.

3. This Court, while issuing notice before admission, on 11.12.2006,directed the respondents to produce the son of the petitioner. Upon the saiddirections of this Court, today i.e., on 26.12.2006, the boy by nameV.Mallesh is present along with his father, who is no other than thepetitioner. When questioned by this Court, the boy stated that he was neverinvolved in any criminal cases nor was arrested by the police, at any time.He further stated that he went somewhere along with his friends. But, thecomplaint made to this Court by his father/petitioner is quite different.

4. As already noticed, the complaint of the petitioner is that his sonwas implicated several times in false theft cases by Chandur Police,Nalgonda District; that the police people are harassing the petitioner andhis family members and that he has been apprehending danger to his son’slife at the hands of the police. What was stated in the complaint of thepetitioner is something more than what had really been happened and, infact, it is totally a falsehood.

5. Upon questioning the petitioner with regard to absconding of hisson, he stated that upon somebody’s advise he simply made the present complaint.

6. We wish that the public should understand that this Court shouldnot be used as a ‘platform’ for making unnecessary, vague and falseallegations against the police or any other instrumentalities of the State.The aggrieved people, like the petitioner, shall approach this Court withclean hands and the facility provided to them for making complaints directlyto this Court by way of a letter shall not be misused and thereby cause lossof money to the State as well as precious time of this Court.

7. Therefore, we feel it appropriate to dismiss the writ petition with adirection to the petitioner to pay a fine of Rs.2,000/- (Rupees two thousandonly) in the Court of Judicial Magistrate of First Class, Nalgonda, and onsuch payment, the Juridical Magistrate of First Class, Nalgonda, is directedto remit the same into the District Legal Services Authority, NalgondaDistrict, within a period of one month from the date of receipt of a copy ofthis order. In default to pay the said amount, the same shall be recoveredfrom the petitioner under the provisions of A.P. Revenue Recovery Act.

8. With the above direction, the writ petition is dismissed, at thestage of admission. However, there shall be no order as to costs.

______________________

JUSTICE D.S.R.VARMA

________________________

JUSTICE P.SWAROOP REDDY

26[TH] DECEMBER 2006 MSR/KRK MSR/KRK

THE HON’BLE SRI JUSTICE D.S.R.VARMAANDTHE HON’BLE SRI JUSTICE P.SWAROOP REDDY

TAKEN UP WRIT PETITION NO.25667 OF 2006

26[TH] DECEMBER 2006