THE HON’BLE SRI JUSTICE G.CHANDRAIAH Dated this the 5th day of October 2009. Writ Petition No. 17387 of 2008. Between: Moulana Ali Hyder Farishta ………Petitioner vs. 1. The Commissioner of Police, Hyderguda, Hyderabad and another. ……..Respondents. THE HON’BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No. 17387 of 2008 ORAL ORDER: This writ petition is filed seeking to issue a direction or a writ of Mandamus declaring the action of the 2nd respondent in calling the petitioner to the police station constantly without any crime being registered against him to meet an enquiry against the allegations made by Sakin Hussain, Syed Mohd Sajjad and Khutsiya Fatima residents of Alam Tank, Hyderabad is illegal and arbitrary and consequently direct the respondents not to call the petitioner to the police station on the ground of counselling and detaining him for hours together without any crime being registered against him. The case of the petitioner is that he is a “Khaji” in Shia Community. Nikha (Marriage) of one Sakina Hussain was proposed for dower amount of Rs. 25,000/- with one Nasir Roshen Ali Amouli and since the proposal was accepted by the bridegroom, the petitioner performed their marriage on 9.12.2007 at Baitual Qaum, Purani Haveli, Hyderabad according to Shia Muslim Law and the marriage was consummated according to Shia Law and the couple began to lead matrimonial life. The grievance of the petitioner that to his utter surprise he received a telephone call on 10.7.2008 from the Circle Inspector of Women Protection Cell, CID Office, Hyderabad asking him to meet an enquiry against the allegations levelled by Sakina Hussain, Syed Mohd Sajjad and Khutsiya Fatima and that the 2nd respondent is constantly calling him to the police station to join a meeting of counselling and if he does not attend the police station, he would face dire consequences and that the 2nd respondent further directed him to appear before him on 9.8.2008. The petitioner says that he simply performed their marriage as a Khaji and he does not know the allegations and counter allegations between the bride and bridegroom and since he is not in a position to tolerate the harassment of the 2nd respondent, he filed the present writ petition. The learned Government Pleader for Home, on written instructions submits that one Ms.Sakina Hussain submitted a complaint before the Inspector General of Police, Women Protection Cell, CID, A.P. Hyderabad making certain allegations against the petitioner and the said complaint was forwarded to the 2nd respondent on 10.7.2008 for enquiry and report. The gist of the complaint is that one Mr. Nasir Roshen Ali Amouli, a French Nationalist is a person of unsound mind and knowing fully well about his mental condition, his parents suppressing the said fact induced the said Ms.Sakina Hussain and her parents to agree for marriage with the said Nasir Roshen Ali Amouli by making false representations and got performed the marriage and thereby made the lives of the said Sakina Hussain and her parents miserable and since fraud was played, the said Sakina Hussain lodged a complaint. The learned G.P. further submits that to know the veracity of the allegations in the complaint, the 2nd respondent telephoned to the petitioner and asked about the allegations in the complaint but he did not co-operate and that no action was taken on the complaint so far and that no case is registered against the petitioner till date. Sensing that a complaint was lodged by the said Sakina Hussain against the petitioner, the petitioner with a view to prevent the police from taking any action against him, he filed the present writ petition. The learned G.P. further submits that only as a part of enquiry with regard to the allegations in the complaint, the 2nd respondent telephoned to the petitioner but he did not co-operate and the allegations of the petitioner that the 2nd respondent is constantly calling him to the police station and making him to sit in the station for hours together is denied. Since the allegations of the petitioner are totally denied by the 2nd respondent and since the petitioner does not choose to file reply to the instructions, no case is made out to issue any direction or order to the respondents. The writ petition is devoid of merits and is accordingly dismissed. There shall be no order as to costs. _________________ G.CHANDRAIAH,J 5.10.2009, KRB. THE HON’BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No. 17387 of 2008. Dated: 5.10.2009.