IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 6146 of 1999 Between: Mohd.Akbar H.No.18-7-198/C/21, Amannagar-B Bhavani Nagar , Hyderabad. ..... PETITIONER AND 1 The Govt of A.P rep by its Prl.Secretary Home Dept, Secretariat Hyderabad-500 022. 2 The Spl.Executive Magistrate Hyderabad Dist, Collectorate Hyderabd-001. 3 Mr.k.Nehru Sub-Inspector of Police Bhavani Nagar P.S Hyderabad-002. 4 The Superintendent Central Prision, Secunderabad. 5 The Medical Officer Central Prision , Secunderabad. .....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 May be pleased to issue an appropriate writ , order or direction , particularly a writ in the nature of Certiorari, suitably mandamus , quashing the impugned proceedings and order Dt: 06-03-1998 ,passed by the Special Executive Magistrate , Hyderabad , purportedly under Sections 110 and 122 Cr.P.c, with a consequent direction to the 1st respondent herein to pay the petitioner herein a total compensation of Rs.5,00,000/-(Rs.Five lakhs only) for all the torture , injuries , physical and mental pain and agony , loss of saving earning capacity, loss of peace and family life etc, suffered by him due to the unjust illegal and cruel actions of the respondents award exemplary costs to the writ petitioner and pass any such order or further orders. Counsel for the Petitioner:MR.GINNE MALLESWARARAO Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.6146 of 1999 ORDER: The petitioner seeks a mandamised certiorari to quash the proceedings, dated 06.03.1998, in Miscellaneous Case No.B/332/98, on the file of the Special Executive Magistrate, Hyderabad, the second respondent herein. Through the said order, the second respondent had committed the petitioner to judicial custody for three months, on the ground that though he pleaded guilty and executed a personal bond for Rs.1,000/-, he did not furnish surety. He also prays for a compensation of Rs.5,00,000/-. In the affidavit filed in support of the writ petition, it is stated that the petitioner is a Skilled Heavy Truck Driver and worked for some time in Saudi Arabia. He made extensive reference to his personal life and alleges that the Hyderabad city police have subjected him to repeated harassment and implicated him in several cases. On behalf of respondents, a counter-affidavit is filed. It is stated that the proceedings under Section 110 of Cr.P.C. were initiated against the petitioner before the second respondent, since he tried to escape from the custody, when sought to be nabbed under suspicious circumstances. Reference is also made to vast number of cases, ranging from those under Section 302 I.P.C., to petty cases, and ultimately, it is submitted that the relief claimed in the writ petition cannot be granted. None appears for the petitioner. This Court has perused the entire record. This is not a case where an innocent individual is subjected to harassment by police. The list of cases, in which the petitioner figured as accused, is fairly long. Further, the order, which is challenged in this Writ Petition, speaks for itself and does not suffer from any infirmity or illegality. The question of awarding any compensation to the petitioner does not arise, since the record discloses that he is a habitual offender. The Writ Petition is accordingly dismissed. There shall be no order as to costs. _______________________ Dt.28.11.2008 L.NARASIMHA REDDY, J GJ