WP/26798/2007 of Nollu Polayya, Vs The Superintendent of Police, on 26 December 2007

HON’BLE SRI JUSTICE A. GOPAL REDDYANDHON'BLE SRI JUSTICE G. BHAVANI PRASAD

WRIT PETITION No.26798 OF 2007

DATE: 26.12.2007

Between:

Nollu Polayya

AND

..... PETITIONER

The Superintendent of Police,Visakhapatnam & 3 others.

.....RESPONDENTS

HON’BLE SRI JUSTICE A. GOPAL REDDYANDHON'BLE SRI JUSTICE G. BHAVANI PRASAD

WRIT PETITION No.26798 OF 2007

ORDER:(Per Hon’ble Sri Justice A.Gopal Reddy)

The telegram dated 08.12.2007 sent by the petitioner to theHon’ble Chief Justice alleging that 91 women and 85 men of Fish-folkof displaced persons of Dibbapalem Village have been illegallydetained by the police of Gajuwaka since 07.12.2007 andapprehending danger to their lives, is taken up as a writ petition.

In response to the notice issued, the Assistant Commissioner ofPolice, South Sub-Division, (Gajuwaka), Visakhapatnam, the secondrespondent herein filed an affidavit stating that on the complaint madeby one V.Murali Varma, Employee of Gangavaram Port Limited, a case in Crime No.3 of 2007 for the offences under Sections 447, 341, 188r/w. Section 34 IPC has been registered on the file of New Port PoliceStation against some of the members of Ikyavedika of DibbapalemVillage. Similarly, a case in Crime No.4 of 2007 for the offences underSections 147, 148, 307, 447, 188 r/w. 149 IPC has been registered on7.12.2007 on the complaint made by one P.A.V.S.N. Raju ofGangavaram Port and in connection with that crime, 32 male membersand 9 female members of Ikyavedhika are arrested. Subsequently, on8.12.2007, they were produced before the III Additional ChiefMetropolitan Magistrate, Gajuwaka for their remand. On suchproduction, the learned Magistrate, remanded them to judicial custodyand accordingly, they are lodged at Central Prison, Visakhapatnam. Itis stated that, the Sub-Inspector of Police, New Port Police Station,Visakhapatnam registered another case in Crime No.5 of 2007 for theoffence under Section 151 Cr.P.C. on 7.12.2007 itself against 140members including 55 male and 85 female members of Ikyavedhika ofDibbapalem Village, but however, they were enlarged on bail on thesame day.

Having regard to the fact that three crimes are registered againstvarious members of Ikyavedhika of Dibbapalem Village and inconnection with that crimes, some of the members were arrested andremanded to judicial custody and some of them were already enlargedon bail, the telegram sent by the petitioner alleging illegal detention ofthe members of Ikyavedhika of Dibbapalem Village, cannot becountenanced.

The writ petition is accordingly dismissed. No costs.

________________

A. GOPAL REDDY, J.

__________________

26[th] DECEMBER, 2007 G. BHAVANIPRASAD, J.Tsr.