ANDHRA PRADESH POLICE OFFICERS ASSOCIATION Vs. COLLECTOR AND DISTRICT MAGISTRATE RANGAREDDY DISTRICT

JUDGEMENT

(1.) The interesting, question which is common in the writ petition as well as In the Criminal Miscellaneous Petition, raised is whether the Collector in his capacity as the District Magistrate (Executive) can order a magisterial enquiry into the alleged torture of a person in police custody.

(2.) The necessary facts are as follows :- One Sankaramma filed a petition before the Collector and District Magistrate, Rangareddy District, on 28-8-1980 stating that the Sub-Inspector of Police, Saroornagar, had forcibly entered her house on the midnight of 25-8-1980 and tortured her and other inmates of the house. The Collector-cum-District Magistrate by his order dated 24-9-1980 directed the Revenue Divisional Officer-cum-Sub Divisional Magistrate, Hyderabad East, to conduct a magisterial enquiry into the alleged torture by the Sub-Inspector of Police and the other police personnel of Saroornagar Police Station, and submit a report within 15 days. The Andhra Pradesh Police Officers Association, Rangareddy District, represented by its President, who is no other than the Sub-Inspector of Police. Saroornagar, has filed the present writ petition seeking a writ of certiorari to call for the records relating to the proceedings of the Collector-cum-District Magistrate, dated 24-9-1980 ordering magisterial enquiry into the complaint by Sankaramma and quash the same. The same Sub-Inspector of Police has also filed Criminal Miscellaneous Petition No. 2709 of 1980 under Section 482 of the Code of Criminal Procedure, to quash the same order of the Collector-cum-District Magistrate.

(3.) The learned counsel for the petitioner submits that under Section 190 of the Code of Criminal Procedure, 1973, the Executive Magistrates have no power to take cognizance of any offence and that power is conferred only on the Judicial Magistrates. Similarly the District Magistrate also cannot direct the Sub Divisional Magistrate to hold an enquiry under Section 202 which was also amended and that there is no other provision in the Code of Criminal procedure for ordering a magisterial enquiry by the District Magistrate.