IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.9401 of 2002 Between: T.Pothu Raju S/o. Sitaramaiah R/o. Eastern Street, Eluru, W.G.District. ..... PETITIONER AND 1 The Superintendent of Police, W.G.District, Eluru. 2 I.Venkateswara Rao Sub Inspector of Police, I Town, Law & Order Police Station, Eluru, W.G.District. 3 Tadicherla Babu Rao S/o. Venkateswara Rao Opp: Anjaneya Swamy Vari Temple, Near Gajjelavari Cheruvu, Eluru, W.G.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 will be pleased to to issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring the action of the Respondents in interfering with the Petitioner's life and personal liberty and harassing him and his family members from 10.5.2001 without any manner of right and insisting him to pay amount to the 3rd Respondent by interfering with the Civil disputes as illegal, arbitrary and violative of Art. 14, 19 and 21 of the Constitution of India and pass Counsel for the Petitioner: MR.K.CHIDAMBARAM Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{MADHURI} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.9401 of 2002 ORDER: Heard on either side. It is the case of the petitioner that himself and the 3rd respondent are the friends, and on that acquaintance, he stood as a surety for the chit lifted by the 3rd respondent, but the 3rd respondent defaulted in payment of the chit amount and in that connection, though the petitioner did not commit any crime, at the instance of the 3rd respondent, the 2nd respondent has been demanding to pay the amount, and therefore, the petitioner seeks to issue a Writ of Mandamus, directing the respondents not to interfere with his personal life and liberty. This Court while admitting the writ petition on 15.05.2002, granted interim order, directing the 2nd respondent not to harass/interfere with the life and liberty of the petitioner. But, however, the official respondents will not be precluded to investigate into the matter and examine the case, if any registered against the petitioner. A counter has been filed by the 1st respondent, stating that the police never interfered with the personal life and liberty of the petitioner and allegations made against the police are untrue. In view of the averments of the counter affidavit of the 1st respondent, and as no case is pending against the petitioner, I am of the opinion that police cannot interfere with the personal life and liberty of the petitioner. Accordingly, the Writ Petition is disposed of, with a direction to respondent Nos. 1 and 2 not to interfere with the personal life and liberty of the petitioner, without there being any registration of any crime against him. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 16.04.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintendent of Police, W.G.District, Eluru. 2 2. 2CCs to 3. 2CD copies