HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA
Contempt Case No.
of 2022
In
Crime No. 880 of 2021
Between :
1. Kelavath Shanker Chouhan
…. Petitioner
And
1. Through the State of Police Telangana
Police Rajendranagar. (Rep: by P.P)
…Respondents/Contemnors
2. Through the State of Police Telangana
Police Zaheerabad
(Rep: by P.P)
…Respondents/Contemnors
3. Through the State of Police Telangana
Police R.C Puram (Rep: by P.P)
...Respondents/ Contemnors
4. Through the State of Police Telangana
Police Narasingi
(Rep: by P.P)
…Respondents/Contemnors
5. Through the State of Police Telangana
Police Chandanagar (Rep: by P.P)
…Respondents/Contemnors
6. Through the State of Police Telangana
Police Ameenpur
(Rep: by P.P)
…Respondents/Contemnors
AFFIDAVIT FILED ON BEHALF OF THE PETITIONER
I Damla Ladki Bai W/o Damla Chouhan aged about 58 years, Occ:
House Wife. R/o of Zaheerabad. I submit that I am the mother of Kelavath
Shanker Chouhan, do hereby solemnly affirm and state on oath as
follows:
1.
I submit that, I am the mother of Petitioner and deponent
herein as such I am well acquainted with the facts of the case and I
am authorized to depose on behalf of petitioner/Accused and able
to depose as under:
2.
I submit that since last two years my son was continuously
apprehended by the above-mentioned respondent’s U/s 457, 380
IPC.
3.
It is most humbly submitted that my son has not
committed any theft offences in his entire life. He was Farmer,
Movie actor and permanent resident of Zaheerabad and a lawabiding citizen without any criminal history. Above mentioned
respondents are trying to create my son as habitual offender
without any evidences by keeping in police custody illegally and
brutally beating him continuously 7-15 days in police lockups.
Though the police has tortured in their illegally police custody my
son never accepted any of the theft crimes.
4.
It is submitted that the above mentioned respondents
were always putting my son in the police custody for more than 715 day illegally, torturing him physically and brutally to accept the
said offence and go to jail though he has not committed any of the
said offences. It is the police pertaining to all the above mentioned
police stations were arresting my son, by doing custodial torture
and filing one after other cases and implicating all false cases and
pending cases against him without any kind of sufficient evidence
to prove that the custody of theft articles was found in the
presence of my son. All the confessional witness were stock
witness who belongs to very poor and labor category due to
threatening, coercion and undue influence of the said police, the
said confessional witness were produced before the criminal
courts. The said confessional witness were no way concerned with
the alleged offences and neither they are the witnesses. There
signatures were taken on plain papers, the statements were
recorded on the file of 1st Prl. Jr-Civil Judge at Sangareddy in crimes
pertaining to Police Ameenpur.
Brief History of Custodial Torture on Accused.
5.
It is submitted that on 03-06-2019 my son was
implicated in 11 cases by police Chandanagar out of which 8 cases
pertaining to Police Ameenpur were found not guilty and
acquitted. One case at Vikarabad was also acquitted. Two cases
pertaining to police Chandanagar, trial is pending and all the
confessional witness were same as submitted by police Ameenpur,
Chandanagar.
Below are the false cases implicated on accused by
custodial torture since 03-06-2019 to 28-06-2019 by police
Chandanagar.
CC.No: 5097 of 2019 P.S Chandanagar at Kukatpally.
CC.No: 3295 of 2020 P.S Chandanagar at Kukatpally
Cr. No. 197 of 2019
P.S Vikarabad at Vikarabad
P. T Warrant Case
CC.No: 570 of 2019
P.S Ameenpur at Sangareddy P.T Warrant Case
CC.No: 569 of 20219 P.S Ameenpur at Sangareddy P.T Warrant Case
6.
CC.No: 568 of 2019
P.S Ameenpur at Sangareddy P.T Warrant Case
CC.No: 567 of 2019
P.S Ameenpur at Sangareddy P.T Warrant Case
CC.No: 421 of 2020
P.S Ameenpur at Sangareddy P.T Warrant Case
CC.No: 195 of 2020
P.S Ameenpur at Sangareddy P.T Warrant Case
CC.No: 176 of 2020
P.S Ameenpur at Sangareddy P.T Warrant Case
CC.No: 394 of 2021
P.S Ameenpur at Sangareddy P.T Warrant Case
It is submitted that again Police R.C Puram has taken
illegal custody of the accused on 24-11-2021 to 28-11-2021. Police
R.C Puram has apprehended my son from our residence taken him
to police zaheerabad and kept him under their custody illegally
since 24-11-2021 till 28-11-2021 and tortured my son with third
degree method, brutally given current on his private parts(pennis),
head severely broken, leg injured again after producing him before
the learned Judge excise court at Sangareddy the said police R.C
Puram again filed police custody and tortured him brutally to
accept the said offences. My daughter in law Shilpa Chouhan has
approached Human Rights commission on 27-11-2021 , the HRC
has asked for reports on 29-11-2021 in case HRC case no. 6044 of
2021, the police R.C Puram simply filed a false remand diary on the
file of excise court at Sangareddy by stating that he was arrested
on 28-11-2021 suspected near the MIG colony. It is submitted that
my son was apprehended from his residence at Zaheerabad
illegally. The photographs were submitted for the kind perusal of
your lordship taken along with the police R.C puram at Zaheerabad
police station at Zaheerabad.
Police R.C Puram has filed false cases against my son after
custodial torture from 24-11-2021 to 28-11-2021 without
following due procedure as per the police regularizations, Cr.P.C
and directions of Hon’ble Supreme Court by violating the basic
human rights of accused.
Crime No. 880 of 2021 (Primary Case)
Crime No. 125 of 2021 (PT Warrant Case)
Crime No. 1044 of 2021 (PT Warrant Case)
7. It is submitted that the learned counsel has filed sec 317 CR.P.C
Petition on the file of 1st prl-Jr-Civil Judge at Sangareddy with
reason “illegal detention of Police R.C Puram” Cases pertaining to
Police Ameenpur. .
8.
It is submitted that my daughter in law has
approached Hon’ble Human Rights Commission on 27-11-2021
with HRC case ID 6044 of 2021, to safeguard themselves the said
police R.C Puram has filed a false case and remand report. The said
Police has produced before the Hon’ble Excise court at Sangareddy
in crime no. 882 of 2021 and also implicated him in Crimes related
to police Narasingi in crime no: 125 of 2021, and 1044 of 2021
though he never visited to narasingi in his entire life. All the said
cases were false and my son was no way related to the said alleged
offences. It is police of above mentioned SHO’s were putting all
false cases against my son.
9.
The petitioner herein respectfully submitted that the
petitioner have filed Crl.MP.No.2199 of 2021, Crl.MP.No. 09 of
2022 and Crl.MP. No. 36 of 2022
on the file of XVI M.M at
Rangareddy Dist. T.S and the said applications were dismissed vide
orders dated
27-12-2021, 07-01-2022, 28-01-2022 respectively.
While dismissing filed Crl.MP.No.2200 of 2021, Crl.MP.No. 10 of
2022 and Crl.MP. No. 35 of 2022
for the reason of A2 was
absconding. It is submitted that when the A1 was arrested on of PT
warrant A2 also can be arrested by police Narasingi on the same
grounds, but the police are only targeting my son just to keep in
Jail Illegally.
10.
It is submitted that after filing Bail Application in
Cr.M.P 1658 of 2022 and Cr.L.P 1659 of 2022 in the Hon’ble High
court for the state of Telangana the said police R.C Puram has filed
Charge sheet to safeguard themselves.
11.
It is submitted that On 04-03-2022 Hon’ble HIGH
COURT for the state of Telangana has granted him condition bail in
Cr.L.P. 1658 of 2022 and Cr.L.P 1659 of 2021 and released from
Charlapally jail on 10th March 2022 with a condition to sign before
the Police Narasingi on every forth night of i.e. 2nd Sunday and 4th
Sunday. As per the Directions of the Hon’ble High Court my son has
obelized the same. Since then, my son was very scared to go out
of his room and doing nothing apart from staying at home at
Zaheerabad.
12.
It is submitted that again within 10 days that is on
21-03-2022 at about 12:30 P.M Mid-day some people introduced
themselves as Police Rajendranagar, they has apprehended my son
from our residence at Zaheerabad, and again introduced
themselves as police Narasingi, and apprehended my son, They
also trying to implicate my grand Son along with me, and the said
police did not disclose the reason of his apprehension from our
residence and produced before the police Zaheerabad, took away
us along with my daughter in Law and Son in the police vehicle
from Zaheerabad, to police Rajendranagar later after an two hrs I
was understood that they are not the police Rajendranagar but the
police CCS. Now again my son was taken by the said police Illegally
into their Custody. Till now they did not presented my son before
the any of the criminal Courts. My son was are totally tortured, he
was injured by the police , Head was broken and Current shock was
given in his private parts just to accept the theft cases and go to jail
since last two years. It is most humbly begged this Hon’ble court to
protect my son from such police custodial tortures or otherwise my
son will die or commit suicide because of the said tortures of the
above mentioned police. I am left with no other option apart from
knocking the doors of this Hon’ble Court.
Grounds and Violations.
The petitioner herein submits grounds and violations as follows…
I.
Custodial torture by police Chandanagar since 03-06-2019 to 2006-2019.
II.
Custodial torture by police R.C Puram since 24-11-2021 to 28-112021.
III.
Custodial torture by police Rajendranagar since 21-03-2022 to Till
today (not produced before the criminal courts).
IV.
It is submitted that police are not disclosing the grounds of arrest.
Violating section 41(B)(b)(i)(ii) Cr.P.C, 50(B) Cr.P.C, and also
Violated Article 21 and article 22 of the constitution of India.
V.
It is submitted that Police are not producing my son and keeping in
police custody illegally for more than 7-15 days without producing
before the Magistrate, taking his confessions by brutal tortures in
police custody and all third degree police methods including
current shocks on his private(pennis) parts.
VI.
It is submitted that again filing police custody and brutally beating
my son to accept the theft offences and go to jail and threatening
not to say anything about police brutal beating and torture.
VII.
It
is
submitted
that
the
said
police
are
filing
fake
witnesses/confessional witnesses just to make the case strong and
not get any bail.
VIII.
It is submitted that police are Colluded with the Medical officers
and not letting to disclose his injuries to the criminal courts.
IX.
It is submitted that police are Threatening the neighbors not come
as witnesses to the court of Law else they also will be implicated in
false cases.
X.
It is submitted that none of the above mentioned police are
submitting the General Diary to the criminal courts.
XI.
It is submitted that brutally slapping my nearby goldsmiths at
Zaheerabad.
XII.
It is submitted that The said police R.C Puram has beaten with
boots on the chest of my son, made him naked (Without any
clothes) and dragged him with his heir Infront of all neighbors at
my residence at Zaheerabad neighbors were threatened not to say
this to anyone.
XIII.
It is submitted that the said police R.C Puram has seized my sons
house and used all clothes of Daughter in law and split here and
there and dunked alcohol in my sons residence at night time at
Zaheerabad.
XIV.
It is submitted that since 24-11-2021 to 28-11-2021 the petitioner
was in Illegal Police Custody. The said Police did not recover any
theft article from the presence of the Accused. It is also submitted
that the said police R.C Puram have locked/Seized the house of the
Accused and continuously visiting the residence of Accused
without any seizure report or directions from the Learned Judge.
The family of Accused consisting his Wife and 3 Children were
facing huge threat from the said Police as the said police R.C Puram
and Narasingi may implicate them also in the present cases though
they were not involved and nothing to do with the present cases.
XV.
It is further submitted that though the petitioner was granted bail
in all the above-mentioned cases after completion of 60 days
police Chandanagar has filed Prevention and Detention act against
the petitioner and kept the petitioner in jail for 7 months. It is
submitted that the said police are unnecessarily filing too many
false cases against the innocent people by filing PD act to put
innocent people in jail and causing prejudice to accused which is
against to the principle of Justice and over power to the Judiciary
and acting as a threat to the society and to the common man.
While filing charge sheet the said police chandanagar submits as
habitual Offender, while in cross examination the said police failed
to show the any previous criminal History/record. My son has no
criminal history. It is genuine fact that the said accused has never
committed any theft offences in his entire life and also a
respectable citizen and was earning good income by doing
Agricultural Farming in Zaheerabad and Movie acting profession
(Side Vilan) in movies.
I Therefore most humbly begs and pray this Hon’ble Court:
a. Praying this Hon’ble court to take necessary legal action
against the above said respondents and protect my son and
our life, and fundamental rights guaranteed by the
constitution of India .
b. Prays this Hon’ble Court direct the state to Compensate at
least Rs. 20 lakhs for such brutal custodial tortures, since last
2 years. the said accused has undergone severe current
shocks, Bodily Injured, his respect in Zaheerabad was
completely lost in illegal police custody and false cases and
leg was injured, he cannot go to work and earn till his
recovery. He was mentally became unbalance in brutal
police custodial torture.
c. Prays This Hon’ble Court to acquit in all the above case false
and pending cases on the merits of the case to avoid future
Physical and custodial Torture from the said respondents
and court trial. . and to pass such other order or orders as
this Hon’ble Court may deem fit and proper in the
circumstances of the case.
It is further humbly prayed that this Hon’ble Court may be pleased to
grant leave to file this Contempt Case against the respondents herein
under Section 10 to 12 of Contempt of Courts Act, 1971 for willful
disobedience of the Procedures, Supreme court of India guidelines and
keeping my son under illegal detention for number of days as per the
police wish and my son was undergone years of physical and mental
custodial torture since 2019, and for filing false cases against my son, and
to acquit in all the above cases and to pass such other order or orders as
this Hon’ble Court may deem fit and proper in the circumstances of the
case.
Sworn and signed before on this
the
at Hyderabad.
DEPONENT
ADVOCATE // HYDERABAD
VERIFICATION
I, Sri. I Damla Ladki Bai
W/o Damla Chouhan aged about 58
years, Occ: House Wife. R/o of Zaheerabad. I submit that I am the mother
of Kelavath Shanker Chouhan,,, the petitioner herein, that the contents in
above mentioned Paras of my above mentioned affidavit are true and
correct to the best of my knowledge and belief. Hence, verified on this
the
at Hyderabad
ADVOCATE.
DEPONENT
MEMORANDUM OF WRIT PETITION MISC. PETITION
(FILED UNDER SECTION 10 TO 12 OF CONTEMPT OF COURTS ACT)
HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA
Contempt Case No.
of 2022
In
Crime no: 880 of 2021
Between:
Between :
Between :
1. Kelavath Shanker Chouhan
…. Petitioner
And
1. Through the State of Police Telangana
Police Rajendranagar. (Rep: by P.P)
…Respondents/Contemnors
2. Through the State of Police Telangana
Police Zaheerabad
(Rep: by P.P)
…Respondents/Contemnors
3. Through the State of Police Telangana
Police R.C Puram (Rep: by P.P)
...Respondents/ Contemnors
4. Through the State of Police Telangana
Police Narasingi
(Rep: by P.P)
…Respondents/Contemnors
5. Through the State of Police Telangana
Police Chandanagar (Rep: by P.P)
…Respondents/Contemnors
6. Through the State of Police Telangana
Police Ameenpur
(Rep: by P.P)
…Respondents/Contemnors
The address for service of all notices, process, summons, etc., on
the above named appellants are that of their Counsel, MD YAKUB ALI ,
(19697), Advocate, Office at # 12-10-103/4/9, Mailargadda Secunderabad.
500062.
For the reasons stated in the accompanying affidavit, it is therefore
prayed that this Hon’ble Court may be pleased to punish the respondents
herein under Section 10 to 12 of Contempt of Courts Act, 1971 for willful
disobedience of basic Human Rights violation, Fundamental rights
violation, Illegal police Detention and custodial Torture without producing
before the court in many occasions since last two years and to pass such
other order or orders as this Hon’ble Court may deem fit and proper in
the circumstances of the case.
Hyderabad
Dt:
Counsel for the petitioner
HIGH COURT OF JUDICATURE AT HYDERABADFOR THE STATE OF
TELANGANA
Contempt Case No.
of 2020
In
Crime No: 880 of 2021
RUNNING INDEX
S.No.
Description of the document
Date of paper
Date of filing
1
Contempt petition and affidavit
2
Photographs of police arrest at
zaheerabad
-do-
3
10 FIR’s, Remand Diary’s, Charge
Sheets, Judgements passed by
Learned Judge on the file of 1st
Prl.
Jr-Civil
Judge
at
Sangareddy(One Judgement in CC
No: 195 of 2020) and Depositions
of All the witness ( 8 case are
similar in nature).
FIR, Remand case diary in crime
no 880 of 2021, Memorandum of
arrest, Notice u/s 50 (A), Medcal
report. Vehicle servicing copy
(Activa given for Servicing in
showroom), Notice from
Manapuram Gold), Human Rights
complaint copy and Commission
Order copy
-do-
4
5
Page No.
-do-
High court bail order copy (2
orders)
Hyderabad
Dt:
Counsel for the petitioners
Exbits
HYDERABAD DISTRICT
HIGH COURT OF JUDICATURE AT
HYDERABAD
FOR THE STATE OF TELANGANA
Contempt Case No.
of 2020
In
Crime no: 880 of 2021
CONTEMPT PETITION
FILED ON:
FILED BY
MD YAKUB ALI (19697)
COUNSEL FOR THE PETITIONER
HIGH COURT
CONTEMPT CASE
Contempt Case No.
of 2020
In
Crime No: 880 of 2021
HYDERABAD DISTRICT
Between:
Kelavath Shanker Chouhan
.... Petitioner
MD YAKUB ALI (19697)
ADVOCATE
NATURE OF APPLICATION
(FILED UNDER SECTION 10 TO 12 OF
CONTEMPT OF COURTS ACT)
That this Hon’ble Court may be
pleased to punish the respondents
herein under Section 10 to 12 of
Contempt of Courts Act, 1971 for
willful disobedience of basic Human
Rights violation, Fundamental rights
violation, Illegal police Detention and
custodial Torture without producing
before the court in many occasions
since last two years and to pass such
other order or orders as this Hon’ble
Court may deem fit and proper in the
circumstances of the case.
Filed on
HYDERABAD DISTRICT
HIGH COURT OF JUDICATURE AT
HYDERABAD
FOR THE STATE OF TELANGANA
Contempt Case No.
of 2020
In
Crime No: 880 of 2021
LEAVE PETITION
FILED ON:
FILED BY
MD YAKUB ALI (19697)
COUNSEL FOR THE PETITIONER