Spl.JFCM(P&E)VSP 1 CC 820/2023
IN THE COURT OF SPL. JUDICIAL FIRST CLASS MAGISTRATE (P&E) : VISAKHAPATNAM
Present: Sri Srikanth,
Spl. Judicial Magistrate of First Class (P&E)cum-
VIII A.M.M & VIII Additional Junior Civil Judge,
Visakhapatnam
Wednesday, this the 12 th day of April, 2023.
Between:
Chinthapalli Suresh Kumar, S/o Eswara Rao, Aged 31 years, Caste Telaga, R/o D.No.1-6, Alladapalem Village, Pusapatirega Mandal, Vizianagaram District. Complainant And:
State represented by the Station House Ofcer, Special Enforcement Bureau, Seethammadhara. Respondent
This petition coming before me on 28-03-2023 for fnal hearing in the presence of the Complainant and for accused and having stood over for consideration till this day, this
Court made the following:
O R D E R
1. Brief facts of the case
This is a private complaint registered by the court under Section 200 Cr.P.C, basing on the oral complaint given by Ch. Suresh Kumar(herein-after the complainant) who is an accused in Cr.No.9/2023 of Special Enforcement Bureau, Seethammadhara, Visakhapatnam u/s. 8(c) r/w 20(b)(ii)(B) of NDPS Act 1985.
2.It is to state that on 07.02.2023 at 6.00 pm, the complainant Ch.Suresh Kumar was produced through N.Gurunaidu and Ch.Appalanaidu, the Excise constables of SEB,
Seethammadhara in Cr. No.9/2023 u/s.8(c) r/w 20(b)(ii)(B) of NDPS Act 1985 for seeking judicial remand before this court. On questioning the accused he reported that he was beaten by the police and he had internal injuries. Immediately, the ftness certifcate given by the Chief Medical Ofcer, King George Hospital, Visakhapatnam was verifed, wherein, the concerned Doctor mentioned that the accused was physically ft and not sufering from any physical ailments. Thereafter, on physical verifcation by this court no injuries were
Spl.JFCM(P&E)VSP 2 CC 820/2023 found. Further in compliance to the directions by the Honourable Supreme Court in
Sheela Barse Vs. State of Maharashtra AIR 1983 SC 378 the complainant was referred to
Superintendent, KGH, Visakhapatnam through the court staf. On the same day at 9.00 pm the accused was brought from KGH, Visakhapatnam along with out-patient ticket given by diferent doctors and also the report of the Superintendent, KGH, Visakhapatnam. On verifying the report, it was seen that the accused had no external injuries and only tenderness of arm and swelling over the left and right hand were seen. Thereafter, the accused was remanded to judicial custody until 21.02.2023. Thereafter, basing on the oral allegations made by the accused as per Section 2(d) of Cr.P.C. cognizance was taken for ofence punishable under Section 330 of IPC and Section 29 of Police Act, 1861. Thereafter, the complainant was brought from Central Prison, Visakhapatnam on 10.02.2023 under warrant issued in Form No.37 of Section 267(1(b) of Cr.P.C. and wasexamined as complainant on oath under Section 200 Cr.P.C.
3. After the examination of the complainant under section 200 of Cr.P.C. this court felt that there was requirement for proceeding under Section 202 of Cr.P.C, rather than directly going under either Section 203 Cr.P.C. or Section 204 Cr.P.C. Basing on the inquiry conducted by this court under Section 202 (1) of Cr.P.C following witnesses were examined by the court.
1) M. Venkatarao, Inspector, SEB, Seethammadhara and also Investigating Ofcer in
Cr.No.9/2023 of SEB, Seethammadhara.
2) Dr. I.Praveen, Chief Medical Ofcer, KGH, Visakhapatnam
3) VVS Hemalatha, Constable, SEB, Seethammadhara.
4) Ch. Appalanaidu, Constable, SEB, Seethammadhara.
Through the above said persons Exhibits C.1 to C5 were marked. Ex.C1 is the intimation given by the investigating ofcer, M. Venkatarao, Inspector, SEB,
Seethammadhara to his immediate superior i.e., Assistant Enforcement Superintendent,
SEB, Visakhapatnam on 09.02.2023(attested copy) Ex.C2 is the attested copy along with
Spl.JFCM(P&E)VSP 3 CC 820/2023
Section 65(B) Indians Evidence Act certifcate of his call record/log. Ex.C3 is the attested copy of sentry relief Registered Book dated 07.02.2023, Ex.C4 is the attested copy of G.D.
Entry dated 07.02.2023, Ex.C5 is the attested copy of MLC fled by the Superintendent,
KGH, Visakhapatnam.
4. Heard and perused the record.
5.It is to state that this is an oral complaint made under Section 190(1) (a) of Cr.P.C. by the complainant Ch. Suresh Kumar. On examination under Section 200 of Cr.P.C. the complainant stated that on 05.02.2023 at about 5.00 pm the Excise police of Circle-III caught-hold him along with one more person near Rama-talkies by stating that Ganja was seized from them. Thereafter they were taken to police station and all the items and money in his bag were seized by the police and both of them were locked in the lock-up.
Thereafter, it is stated that two constables came inside the lock-up and on questioning about the Ganja they beat him with stick on the palm and his foot. Thereafter, two other inspectors and another constable also beat him with stick on the palm of his foot.
Thereafter, it is alleged that on the next day one of the constables who beat earlier again came to him and beat with stick on his palm. It is further stated by the complainant that in the frst instance when he was brought to KGH for medical check-up the inspector and the constable threatened him not to say anything before the doctor and out of fear he told the doctor that police have not done anything wrong to him. It is further stated that after being referred by the court to the KGH, doctors examined him, wherein, x-ray was also taken. It is further alleged by the complainant that the inspector has manipulated the things with the doctor to get a false certifcate. Thereafter, he stated that he was sent for judicial custody by the court and at Central Prison, Visakhapatnam he was routinely examined by the medical person but there he did not mention anything about his injury or ill-treatment by the police. Further he stated that he is now fne and healthy but he wanted the court to take action against the police.
6.As per S.202 CrPC, M.Venkata Rao, Circle Inspector, SEB, Seethammadhara and also the investigating ofcer in Cr. No.09/2023 was enquired, who, stated as follows:
Spl.JFCM(P&E)VSP 4 CC 820/2023 “ I am working as C.I, SEB – Seethammadhara. This Court has stated the facts of the complaint to Mr. M. Venkata Rao, C.I SEB – Seethammadhara. He stated to mention few facts for consideration. Hence the same is recorded. On 07.02.2023 as per the reliable information in the presence of mediators my staf along with DTF went to Ramatalkies at 11.50am, wherein Chintapalli Suresh Kumar i.e., accused tried to run away on seeing us. Further with the accused one more person was there who was also inquired. The accused A1 Ch. Suresh Kumar stated that he ran away because he was carrying Ganja in the bag and due to fear he did the same. In the presence of mediators when we opened the bag which was with the accused A1 we found ganja inside the said bag. Further one cell phone was also seized from the accused. Other than 1.5kg ganja and cell phone nothing else was seized. The arrest intimation of the accused was given to his father. By 13.50pm the writing of the report was closed. By 14.10pm we came back to the station along with the accused and one more person named Adil. The said Adil was brought for inquiry. But the said Adil did’nt have any bag and nothing was seized from him. Further no connection was also found between Ch.Suresh Kumar the accused and Adil. The said Adil was brought only on suspicion as he was seen around the accused. As Adil was not having anything thereafter intimation was given to the high authorities and he was released. The registration of FIR was also done. At the station during that time our AES was there, the intelligence C.I was there, one law & order C.I was there, one Raju sentry was also there. The Head constable was in the court for trial purpose. In my station on the said day / time, along with me as per the sentry book and the GD entry, four staf were there i.e., one HC M. Gurunaidu(who was on Court duty), one sentry Raju, one constable Ch. Appalanaidu and other constable VVS Hemalatha.
Further, food was provided to the accused and thereafter he was taken for medical examination at KGH,Visakhapatnam by 2.45pm., through constable Ch. Appalanaidu and V.V.S. Hemalatha. I also went along, but I stayed outside the hospital near the jeep and the accused was taken inside the hospital by the above two mentioned constables. The medical examination of the accused was completed in KGH, Visakhapatnam by 4.30pm. , and the accused along with the two constables came to the jeep. While I was sitting in the jeep, at 4.01pm, I received a phone call from Mr. Kalidas Reddy who is working as special public prosecutor (tenure) for the cases of NDPS, 1985 on the fle of Hon’ble Metropolitan Sessions Judge’s Court, V. The said Special Public Prosecutor instructed me that no case should be lodged against the accused Ch. Suresh Kumar. I spoke with him for 3min., and 8 seconds. I received the call from Mobile No. 9848183950. He further stated that there is no requirement for lodging any case against the accused and he instructed me to follow his direction as he is special P.P for the cases of NDPS, 1985 on the fle of Hon’ble Metropolitan Sessions
Judge’s Court, Visakhapatnam. I told him during the said conversation that already
the daily situation report (DSR) was given to the immediate superior i.e., to the Asst. Enforcement Superintendent and therefore it was not possible to accede to the instructions of the Special PP. Further I told him that ganja was seized from the accused and therefore as per law I have to follow the procedure. Thereafter also he told me to follow the instructions or else to see the consequences. Then he has disconnected the phone.
Then again at 04.18pm I received a second call from the same Mr. Kalidas Reddy Over the phone call he again instructed me to not produce the accused for remand
Spl.JFCM(P&E)VSP 5 CC 820/2023
before the Special Judicial First Class Magistrate (Proh. & Ex) Court, Visakhapatnam.
He asked me to some how to manage and leave the accused free. Further he told me that as he is special PP for that particular case therefore, he would see nothing adverse would happen to me and he would manage every thing. This call lasted for one minute. I again told him that I won’t do anything illegal and would follow the due procedure as per the law. Then he told me that the accused belongs to Pusapatirega mandal which is also a native place for him. He further told that the father of the accused who worked as an advocate earlier is well known to him and therefore he
wanted that no case should be registered against the accused. But I denied.
At that time the accused told me that he wanted to go to the washroom urgently. Further as the accused has been telling since beginning that he knew the lawyer i.e., the special public prosecutor and other well known people, I thought it would be better to take him back to the police station for using the washroom as he may get a chance to escape if washroom is used at a public place.
Thereafter we reached the police station and there the brother of the accused was already waiting for him. With my permission, the brother of the accused spoke with the accused and he told him that the Special Public Prosecutor Mr. Kalidas Reddy has told the inspector for not registering the case, but the Inspector refused to it and that the Special Public Prosecutor would deal with him. Thereafter the brother of the accused whispered something in the ear of the accused. Then the accused went to the washroom and after a minute there was a sound wherein we went inside the bath room and saw that the accused was himself banging his hand towards the edge of the wall with heavy force. At that time our constable caught hold him and brought out side the washroom.
Then the accused was taken to the Court for remand. The brother of the accused also followed us. At 5.20pm we reached the Court. At that time as the concerned Officer of the Court was in a meeting at District Court, therefore we waited down stairs in the parking area. I was standing with the accused, and the constable Ch. Appalanidu. At that time the brother of the accused also came towards us and was speaking to the accused in my presence and at that time the brother of the accused called the Special Public Prosecutor Mr.Kalidas Reddy in my presence while I was standing just adjacent. The brother of the accused told the Special Public Prosecutor Mr.Kalidas Reddy that inspite of his instructions to the police, the accused was brought to the Court for judicial remand. As I was standing very near to the brother of the accused, I overheard the words of Mr. Kalidas Reddy wherein he instructed that the accused should tell the Magistrate that the Inspector and other staf has ill-treated and beaten him, so that there will be proceeding against them. Further he asked whether any marks are created by the accused for the said purpose. This was
communicated by the brother of the accused to the accused in my presence.
I was shocked by the said words of Mr.Kalidas Reddy and therefore at 5.52pm I called Mr. Kalidas Reddy repeatedly three times for asking as to why he instructed the accused to tell lies against the police in spite of being a government advocate, but he did’nt pick my call. Then after 2min, I could contact Mr. Kalidas Reddy wherein I questioned him as to why he said so. For the same he replied that he instructed the accused to speak against the police as I have not agreed to his instructions. Further he told that now I have to face all consequences as case will be lodged against me and he would see that problems are created for me. This conversation went for 3min., and 13 seconds.
Spl.JFCM(P&E)VSP 6 CC 820/2023
Then by 6.00pm when the Officer came, the accused was produced wherein he gave all false statement as was instructed by Special Public Prosecutor Mr.Kalidas Reddy. Then on the direction of the Court the accused was taken again to KGH, Visakhapatnam for examination along with Court staf. There the examination was done by many doctors under the direction of the superintendent KGH, Visakhapatnam wherein after a report was given. The said report was submitted to the Court along with remand.
There was no instance of any beating given to the accused at any point of time. The accused has already confessed which was made in to report at the scene of ofence in the presence of mediator . When such is the case then there was no requirement of further investigation or inquiry to be made. Further during the frst medical examination no such thing was said by the accused to the concerned doctor. Rather, the accused planned the same on the instructions of Special Public Prosecutor Mr.Kalidas Reddy which was communicated by the brother of the accused when the accused was brought to the station for using the washroom.
Even though Special Public Prosecutor Mr.Kalidas Reddy is Government prosecutor for NDPS Case, he has never called me till date except in the above mentioned situation. Any work with regard to NDPS cases are done through the liaison constable Mr. Raf, but there has been no occasion that Special Public Prosecutor Mr.Kalidas Reddy has personally called me earlier to this issue.
Further to corroborate my version I have brought some documents and also other witnesses to the said fact are also present.
On 09.02.2023 I have given intimation of the above mentioned facts to my immediate superior i.e., Asst. Enforcement Superintendent, SEB Visakhapatnam. (The attested copy is marked as Ex.C1). The call record detail as stated by me wherein I have received the call from Special Public Prosecutor Mr.Kalidas Reddy. (the attested copy along with sec. 65 B certifcate of the call record is marked as Ex.C2).
The sentry relief registered book wherein the attested copy for the date 07.02.2023 is fled, (marked as Ex.C3).
The attested copy of General Dairy Dt. 07.02.2023 is marked as Ex.C4 .
I pray the Hon’ble Court to drop all the proceedings against me as false allegation are leveled. Further the Special Public Prosecutor Mr.Kalidas Reddy has been harassing all the SEB stations inspectors since long with regard to the fling of the charge sheet. The said fact is also reported to our superior on many occasions. He uses bad language against us orally when we meet him officially. He always makes us to meet him at his private office, but not in the Court. Even he tells the woman Inspectors to come to his private office after evening hours for any work and not to the Court. Due to his act we are not able to satisfactorily do our legitimate duties. “
7.Thereafter, as per S.202 CrPC, Dr. I. Praveen, Chief Medical Officer, KGH, Visakhapatnam was enquired ,who, stated as follows :
Spl.JFCM(P&E)VSP 7 CC 820/2023 “I am working as CMO, KGH, Visakhapatnam. This Court has stated the facts of the complaint to Dr. Praveen .I CMO, KGH, Visakhapatnam. He stated that as per the instructions of Superintendent, KGH, Visakhapatnam he has come. He stated to depose by seeing the medical records which was fled on that day.
On 07.02.2023 during the evening hours the accused Ch. Suresh Kumar was brought to KGH, Visakhapatnam. The accused complained to me about pain on his palm and sole. Basing on the same I have referred him to orthopedician wherein x-ray was done. The x-ray was normal and didn't show any abnormalities on his body. Further one general physician was also consulted wherein he opined that his vitals were normal and also his general examination appeared normal. Further general surgeon was also consulted who stated that there is no external injury . By above all opinions of the specialist doctors, I made the following observation – that there is no internal or external injury. The patient (accused ) only told about some pain. When asked by the Court as to how one can say that the injury is caused by the stick wherein the doctor said that if the stick is used with good intensity then there will be either contusion or mark or a fracture. But in this case nothing as mentioned above was there.
The attested copy of the MLC fled by the Superintendent, KGH, Visakhapatnam is marked as Ex.C5. “
8.Thereafter, VVS Hemalatha, Constable, SEB, Seethammadhara was enquired under S.202 CrPC, who, stated as follows : “I am working as Constable, SEB – Seethammadhara. This Court has stated the
facts of the complaint to VVS Hemalatha, constable, SEB – Seethammadhara. She
stated to mention few facts for consideration. Hence the same is recorded.
On 07.02.2023 as per the reliable information in the presence of mediators Inspector M.Venkatarao, myself and staf along with DTF went to Ramatalkies at 11.00am, wherein Chintapalli Suresh Kumar i.e., accused tried to run away on seeing us. Further with the accused one more person was there who was also inquired. The accused - A1 Ch. Suresh Kumar stated that he ran away because he was carrying Ganja in the bag and due to fear he did the same. In the presence of mediators when we opened the bag which was with the accused A1 we found ganja inside the said bag. The arrest intimation of the accused was given to his father.
By 02.00pm we came back to the station along with the accused and one more person. But the said other person along with the accused did’nt have any bag and nothing was seized from him. Further no connection was also found between them. The registration of FIR was also done. At the station during that time myself, Inspector, Ch. Appalanaidu(constable) and VVRK Raju(constable) was there.
Further, food was provided to the accused and thereafter he was taken for medical examination at KGH, Visakhapatnam by 2.45pm., through constable Ch. Appalanaidu and myself. The inspector also came along with us, but he stayed outside the hospital and the accused was taken inside the hospital by myself and Ch. Appalanaidu. The medical examination of the accused was completed in KGH, Visakhapatnam by 4.00pm. On the way to the medical examination while we were going, the accused was behaving in a rude way wherein he was saying that he knew
Spl.JFCM(P&E)VSP 8 CC 820/2023 many higher officials and therefore, he would be released soon .
As we reached the vehicle after medical examination the accused stated that he wanted to go to the washroom urgently. Further as the accused has been telling since starting that he knows the lawyer i.e., the special public prosecutor and other well known people, therefore he was taken to the police station for using the washroom as he will get a chance to escape if washroom is used at a public place.
Thereafter we reached the police station and there the brother of the accused was already waiting for him. The brother of the accused spoke with the accused. Thereafter the brother of the accused whispered something in the ear of the accused. Then the accused went to the washroom and after a minute there was a sound wherein Ch. Appalanaidu went and saw that the accused was himself banging his hand towards the edge of the wall with heavy force. Then the Inspector also went there. At that
time our constable caught hold him and brought out side the washroom.
Then the accused was taken to the Court for remand by the Inspector and other constable Ch. Appalanaidu. “
9.Thereafter, as per S.202 CrPC Ch. Appalanaidu, Constable SEB, Seethammadhara was enquired, who, stated as follows : “I am working as Constable, SEB – Seethammadhara. This Court has stated the
facts of the complaint to Ch. Appalanaidu, constable, SEB – Seethammadhara. He
stated to mention few facts for consideration. Hence the same is recorded.
On 07.02.2023 I came to the station at 9.00am and I was performing duty as station sentry. By around 10.30am the Inspector along with DTF and other staf went for raid. At that time I was there in the station. At around 2.00pm the raid party came back to the station along with two accused. For around 10min., both the accused were there in the station wherein food was provided to both of them. Then at around 2.30pm I along with Inspector, other staf i.e., Hemalatha took one accused i.e., Chintapalli Suresh Kumar to KGH, VSP, for medical examination. The other person who was there in the station was released as he was brought only on suspicion.
For the medical examination, the inspector also came along with us, but he stayed outside the hospital and the accused was taken inside the hospital by myself and Hemalatha. The medical examination of the accused was completed in KGH, Visakhapatnam by 4.00pm. On the way to the medical examination while we were going, the accused was behaving in a rude way wherein he was saying that he knew many higher officials and therefore, he would be released soon.
As we reached the vehicle after medical examination the accused stated that he wanted to go to the washroom urgently Further as the accused has been telling since starting that he knows the lawyer i.e., the special public prosecutor and other well known people, therefore he was taken to the police station for using the washroom as he will get a chance to escape if washroom is used at a public place. Further the Inspector told me that he has received a phone call from Mr. Kalidas Reddy who is working as Special Public Prosecutor for NDPS cases, wherein he instructed for not producing the accused for remand as the accused is known to him personally. I was on escort duty and I also had of fear that the accused would escape if taken to any other washroom in a public place.
Spl.JFCM(P&E)VSP 9 CC 820/2023
Further I have seen that our inspector has received some phone calls in between and he appeared tensed for which I asked him and he told me that there was a threatening call with regard to this case. Thereafter we reached the police station and there the brother of the accused was already waiting for him. The brother of the accused spoke with the accused in a very low voice. Thereafter the brother of the accused whispered something in the ear of the accused. Then the accused went to the washroom and after a minute there was a sound wherein I rushed to the place and I saw that the accused was himself banging his hand towards the edge of the wall with heavy force. At that time the inspector also came there. Further I asked as to why he was doing such thing for which he was not giving any answer, rather, he was threatening me that he would see my end. Then the accused was brought to the Court along with the Inspector. At that time as the concerned office of the court was in meeting therefore I along with the inspector and the accused waited down stairs in the parking area. The brother of the accused also came along with us in his vehicle. During that time the brother of the accused came towards us and spoke to the accused in our presence. Then the brother of the accused called over phone the Spl. Public Prosecutor Mr. Kalidas Reddy in our presence wherein he told to him that inspite of direction the accused is brought to the court for judicial remand. Further when Mr. Kalidas Reddy (Spl. Public Prosecutor) replied to the brother of the accused over phone which was put in loud speaker I overheard the words of Mr. Kalidas Reddy (Spl. Public Prosecutor) wherein he instructed that the accused should tell the Magistrate about ill-treatment done by inspector and staf so that necessary action is taken against them. This communication was communicated to the accused by his brother in our presence. Then as the inspector and myself were in fear, therefore the inspector called Mr. Kalidas Reddy (Spl. Public Prosecutor) three times for which he didn’t pick the call and then after few min., Mr. Kalidas Reddy (Spl. Public Prosecutor) call back our inspector and he questioned him as to why he said so. As the phone was on speaker therefore, I heard the reply of Mr. Kalidas Reddy (Spl. Public Prosecutor) wherein he stated that since his instructions were not followed by us, we have to bear all the consequences.
Thereafter the accused was produced before the Court wherein he complained about the alleged ill-treatment done by us. I wish to personally state before this Court that on the frst instance when I went along with the accused for the medical at KGH, VSP, the Doctor has carefully examined him by removing his cloths and seeing whether any injury is there or not. At that time when he was questioned by the Doctor multiple times, he denied of any assault or ill- treatment by the police. Then as the accused met his brother at the police station, they planned and created the whole scenario in order to threaten us. “ 10.Findings by this Court : It is to state that when the accused was produced before this court on 07.02.2023 he stated that he was beaten by the police and received internal injuries. But on physical verifcation done by the court no external injuries was found in that areas which was mentioned by the accused to be paining and further in re-medical examination, the x.ray report and the doctor’s examination confrmed no injuries and only there was tenderness of arm and swelling over palm of left and right hand. In this regard, the doctor was examined in the enquiry who stated that the accused complained of pain on
Spl.JFCM(P&E)VSP 10 CC 820/2023 his palm sole wherein after, he was referred to Orthopedic, General Physician and General
Surgeon and thereafter it was fnalized that there was no internal or external injuries and the patient i.e., the complainant only stated about some pain. Here, it is to state that on being examined by the court and also two examinations done by KGH, Visakhapatnam, it is seen that no internal or external injuries were found on the complainant. Further the doctor stated that if the stick is used with good intensity, then there will be either contusion or a fracture but, here the complainant is not sufering anything of this nature.
To corroborate the same, Ex.C5 is fled which is medical report of the complainant.
Here, it is stated that as per the version of the complainant he did not say anything to the KGH Doctor on being frst produced by the police as he was threatened by the inspector. Thereafter, the accused stated that on the next day in routine examination by the medical staf in Central Prision, Visakhapatnam, but he did not state anything about the injury or ill-treatment by the police. It is not clear as to what has prevented the complainant from disclosing all the facts relating to his ill-treatment by the police and the injuries caused to him while being examined in Central Prison, Visakhapatnam by the medical staf. Therefore, as per the version of the complainant he was having internal and external injuries on 07.02.2023 which was not seen by the doctor during the frst medical examination and thereafter, on the second medical examination the doctor gave a false report basing on the directions of the inspector. However, thereafter, the accused was again examined in Central Prison, Visakhapatnam by the medical staf on the same day, but there also the accused did not mention any fact, even though no one threatened him there.
But, the accused stated before the court that he is fne and healthy within three days and that too without any medical treatment. Here, the vague allegation by the complainant is contradicted by himself only and also the medical examination contradicts his version.
11.As per the enquiry evidence of M.Venkata Rao, VVS Hemalatha and Ch.Appalanaidu, it is seen that at 2.45 pm the accused was taken for medical examination by constables
Ch.Appalanaidu and VVS Hemalatha and the inspector, M. Venkata Rao stayed outside the hospital near the Jeep. At about 4.00 pm the inspector received a call from Mr. Kalidas
Spl.JFCM(P&E)VSP 11 CC 820/2023
Reddy who is working as Special Public Prosecutor(tenure) for the cases under NDPS Acts on the fle of the Honourable Metropolitan Sessions Judge, Visakhapatnam. It is alleged by the inspector that the Special Public Prosecutor Mr. Kalidas Reddy( herein-after to be referred as Special Public Prosecutor) instructed him not to register the case against the complainant Ch. Suresh Kumar. Further, the Special Public Prosecutor told the inspector that there was no requirement of lodging any case and instructed him to follow his directions as he himself is a Special Public Prosecutor for NDPS case in Visakhapatnam
District. As the inspector refused to do the same the Special Public Prosecutor threatened him with consequences. Thereafter, the Special Public Prosecutor again called the inspector at 4.18 pm from his mobile No.9848183950 wherein, he told that the accused belonged to Pusapatirega Mandal which is also a native place of the Special Public
Prosecutor and the father of the complainant who worked as an advocate is known to him.
Therefore, he wanted that no case should be registered against the accused. But the
Inspector did not accede to the demands made by the Special PP. Thereafter, at 4.30 pm, the complainant was brought by the jeep after medical examination at KGH, Visakhapatnam and he told the police that he wanted to use the wash-room urgently. Further, as the complainant was telling that he knew Special Public Prosecutor and other well-known people, he was taken back to the police station for using the wash-room, otherwise he may escape if he has used a wash-room at a public place.
It is further alleged by the inspector that after reaching the police station ,on the instructions of his brother and the Special Public Prosecutor, the complainant planned to go to the wash-room and after going inside he started to bang his hand towards the edge of the wall with heavy force. It is the statement of the inspector and constables that due to such act, a temporary swelling developed in his palm. But, thereafter, the same was not there on being examined at Central Prison, Visakhapatnam.
This version by the inspector appears convincing as in the frst medical record dated 07.02.2023 at 12.30 pm shows no injury or swelling. But after the alleged incident( at the police station by complainant himself ) as stated by the inspector between 4.30 to 5.30 pm ,
Spl.JFCM(P&E)VSP 12 CC 820/2023 the subsequent medical examination done on the same day at 6.30 pm shows swelling over the left and right hand palm. Therefore, the main question that arises for consideration is whether the swelling caused in the both the hands of the complainant which is stated to have happened between 3.00 pm to 5.30 pm is caused by the complainant himself or by the police. Here, it is to state that the oral complaint by the complainant is that on 05.02.2023 and on 06.02.2023 he was beaten by the police but not on 07.02.2023. Therefore, from the statement of the complainant it can be seen that swelling in his palm is caused by his own act. Further, there is no injury as per the medical report. Hence, basing on the same it appears that there is no prima-facie case to proceed against the police and therefore this complaint is dismissed Under Section 203 CrPC.
12.For the discussions made above, it prima-facie establishes that Mr. Kalidas Reddy who is working as Special Public Prosecutor (Tenure) for the cases of NDPS, Visakhapatnam, has misused his ofcial position, made threats to the excise police personnel and tried to prevent the ofcials from discharging their legitimate duties to arrest an accused person who was reported to be in possession of Ganja. Further, the allegations made by the police is corroborated by Ex.C2 ( attested copy along with Section 65(B) Indians Evidence Act certifcate of the call record), which itself shows the incoming call from the alleged number of Special Public Prosecutor. Also it is the statement of the inspector that it was for the frst time in these years that the Special Public Prosecutor has called him over phone.
13.Further it is the statement of inspector that the Special Public Prosecutor Mr.Kalidas
Reddy has been harassing all the SEB stations inspectors since long with regard to the fling of the charge sheet. The said fact is also reported to their superior on many occasions. It is further alleged that he uses bad language against them orally when they meet him ofcially and he always makes them to meet him at his private ofce, but not in the Court. It is even alleged that he tells the woman Inspectors to come to his private ofce after evening hours for any work and not to the Court and due to his acts they are not able to satisfactorily do their legitimate duties. Therefore, such strong prima facie allegations against Special Public
Prosecutor has to be enquired by the appropriate authority.
Spl.JFCM(P&E)VSP 13 CC 820/2023
14. Therefore, I hereby recommend to the appropriate authority to initiate enquiry against Mr. Kalidas Reddy, Special Public Prosecutor ( appointed by the Government of
Andhra Pradesh for a period of 3 years vide G.O.RT.No. 369 Dated- 29-04-2020) and to review, if he is eligible to be continued to be entrusted with the responsibilities as special public prosecutor (tenure) for the cases of NDPS any more until the pendency of enquiry.
In compliance to Andhra Pradesh Law Ofcers ( Appointment and Conditions of Service)
Instructions, 2000, send a copy of this judgment to the following authority for doing their needful in this case –
i)The Principal Secretary ( Home) to the Government of Andhra Pradesh ii)The Director of Prosecution, Andhra Pradesh, Vijayawada.
iii)The Hon’ble Principal District and Sessions Judge Court, Visakhapatnam iv)The Commissioner of Police, Visakhapatnam
This complaint is hereby dismissed under Section 203 Cr. P.C.
Dictated to Stenographer-Gr.III, transcribed by her, corrected and pronounced by me in
open Court, on the 12 th day of April, 2023.
APPENDIX OF EVIDENCE
Witness-1 M. Venkatarao, Inspector, SEB, Seethammadhara and also Investigating Ofcer in Cr.No.9/2023 of SEB, Seethammadhara.
Witness-2Dr. I.Praveen, Chief Medical Ofcer, KGH, Visakhapatnam
Witness- 3 VVS Hemalatha, Constable, SEB, Seethammadhara.
Witness- 4 Ch. Appalanaidu, Constable, SEB, Seethammadhara.
Exhibits marked
Ex.C1 is the intimation given by the investigating ofcer, M. Venkatarao, Inspector, SEB,
Seethammadhara to immediate superior i.e., Assistant Enforcement Superintendent, SEB,
Visakhapatnam on 09.02.2023(attested copy)
Ex.C2 is the attested copy along with Section 65(B) Indians Evidence Act certifcate of the
Spl.JFCM(P&E)VSP 14 CC 820/2023 call record.
Ex.C3 is the attested copy of sentry relief Registered Book dated 07.02.2023,
Ex.C4 is the attested copy of G.D. Entry dated 07.02.2023,
Ex.C5 is the attested copy of MLC fled by the Superintendent, KGH, Visakhapatnam.
No. of Material Objects marked
Nil
Sd/-Sri Srikanth,
Spl. Judicial Magistrate of First Class (P&E)cum- VIII A.M.M & VIII Additional Junior Civil Judge, Visakhapatnam
Copy to :
1) The Hon’ble Principal District and Sessions Judge, Visakhapatnam
2) The Principal Secretary to Government ( Home) of Andhra Pradesh Address : 2nd Block, Ground Floor, Room No. 185, AP Secretariat Ofce, Velagapudi.Phone0863-2442380,Fax0863-2442378,Email prlsecy_home@ap.gov.in
3) Law Secretary to Government, Address: 1st Block, Ground Floor, Room No.154, A.P. Secretariat Ofce Velagapudi Phone 0863-2441010/2441101, Email secy_law @ap.gov.in 4) Commissioner of Police, Visakhapatnam, Address : Suryabhag, Maharanipet, Visakhapatnam-530002 Phone:0891-2730203, Fax 0891 2562763 5) The Director of Prosecution, I/c Addl. Director : Address : 4th Floor, Ammana Estate, Opp: K.L. University Admn. Build Governerpet, Vijayawada. Email:dop@co.appolice.gov.in 6) Collector & District Magistrate, Visakhapatnam, phone :0891-2526999, Fax:0891-2754106, Email:collector_vspm@ap.gov.in, collectorpeshivizag @gmail.com