IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.24966 of 2008 Between: Botchu Ramesh S/o. Yesuratnam, R/o. Regadicheliki Village, Kodavaluru Mandal, Nellore District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. By its Principal Secretary to Home Department, Secretariat, Saifabad, Hyderabad. 2 The Superintending of Police, Nellore District at Nellore. 3 The Inspector of Police, Kovur, Nellore District. 4 The Station House Officer, Kodavaluru Police Station, Nellore District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in insisting petitioner to procure jewellery for planting as case property in theft related offences and seizing petitioner's Hero Honda Passion Motor Cycle bearing Registration No. AP 26/525 as illegal, irregular, arbitrary, without jurisdiction and offends articles 14 and 21 of Constitution of India and consequently direct the respondents to return Petitioner's Motor Cycle and maintain without any interference in any manner with petitioner personal life and liberty. Counsel for the Petitioner: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondents: GP FOR HOME The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.24966 OF 2008 ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader for Home appearing for the respondents. It is the case of the petitioner that about twenty days prior to filing of the writ petition, the Constables of the respondent police stations came to his house and demanded to produce jewellery so as to plant the same as case property in theft and robbery cases, and threatened him that they would implicate him in theft and robbery cases, if he fails to produce the jewellery. Though he stated that he never indulged in any offence and requested them not to make such demands, they demanded him to comply with their demand in two days and left. Two days thereafter, two Police Constables of the 4th respondent police station again came to him and demanded to comply with their demand made earlier, and when he expressed his inability to do so, they took away his Hero Honda Passion Motorcycle bearing registration No.AP26/525, by forcibly obtaining its keys from him. Thereupon, the petitioner approached the 4th respondent- Station House Officer of Kodavaluru Police Station, requesting to return his motorcycle, but the 4th respondent repeated the same demand, threatening to implicate the petitioner in false theft cases. Therefore, the petitioner approached respondents 2 and 3 – Superintendent of Police, Nellore, and Inspector of Police, Kovur, Nellore District, respectively, requesting them to see that his motorcycle is released and he is not harassed by the 4th respondent and Police Constables, but there is no response from them. Hence, this writ petition. A detailed counter-affidavit has been filed by the 4th respondent- Sub Inspector of Police, Kodavaluru Police Station, Nellore District, wherein, while denying all the allegations made by the petitioner, it is stated that the petitioner is involved in a theft case registered as Crime No.75 of 2008 for the offence punishable under Section 379 I.P.C. on the file of the 4th respondent police station, and that the investigation in the said crime is pending for want of arrest of the petitioner, and sensing the same, the petitioner filed the present writ petition with concocted facts. The allegations of the Police Constables visiting the house of the petitioner, making demands to produce jewellery, threatening to implicate him in false cases and taking away his Hero Honda Passion Motorcycle are all denied. It is also stated that a Dossier Criminal Sheet was opened against the petitioner on 11.02.1983 and continued on the file of Allur Police Station of Nellore District, on his involvement in various theft, robbery and murder cases, and that apart, he is facing trial in C.C.No.51 of 2006 on the file of the Court of the learned Additional Judicial Magistrate of First Class at Kovur, for his involvement in Crime No.105 of 2005 registered for the offence punishable under Section 379 I.P.C. It is further categorically stated that the motorcycle of the petitioner was never seized by the respondent police at any point of time, as alleged by him, and the present writ petition is filed only to divert the attention of the Investigating Officer. In view of the above counter averments, I deem it appropriate to direct the respondents not to interfere with the personal life and liberty of the petitioner without following the due process of law. Insofar as the allegation of the police taking away the motorcycle of the petitioner, it is made clear that the petitioner is at liberty to workout the appropriate remedies available to him under the law. The writ petition is accordingly disposed of. No order as to costs. __________________ JUSTICE C.V. RAMULU 24th November, 2008 IBL