IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.24587 of 2004 Between: 1 V. Narotham Reddy, s/o Venkat Reddy, r/o Gannaram Village, Rayaparthy Mandal, Warangal District. 2 N. Yadagiri, S/o Pitchaiah, R/o Gopalpur, Hanamkonda, Warangal District. 3 G. Butchi Reddy, S/o Ram Reddy, R/o Dammannapeta, Atmakur Mandal, Warangal District. ..... PETITIONERS AND 1 Sub Inspector of Police, Kothagudem III (T) Police Station, Khammam District. 2 Inspector of Police, Kothagudem III (T) Police Station, Khammam District. 3 Superintendent of Police, Khammam. .....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 an order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the respondents in harassing, detaining in the Police Station and forcing them to pay the amount to the third parties is nothing but highly arbitrary, bad and illegal and pass such other order or orders Counsel for the Petitioner:MR.P.PRABHAKAR REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.24587 of 2004 ORDER: The grievance of the petitioners is that after filing charge-sheet in Cr.No.109 of 2004 for the offence punishable under Section 420 IPC on the file of the Additional Judicial First Class Magistrate, Kothagudem, police harassing them and forcing them to pay amount to the third parties. A counter has been filed stating that after filing charge-sheet, police never arrested the petitioners and they never kept them in the police lockup and they never tortured the petitioners and that they never forced the petitioners to pay any amount to the third parties. It is stated that the 1st respondent arrested the petitioners on 08-10-2004 and remanded them to the judicial custody on 09-10-2004 and they were produced before the Magistrate concerned. The respondents denied all the allegations made in the writ petition stating that the respondents never tortured the petitioners and never forced the petitioners to pay any amount to third party. Infact, the said disputed questions of fact cannot be decided in the writ petition. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 17-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{AVLR}