IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF MAY TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH And THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 11061 of 2005 Between: M.A. Raheem @ Hassan, s/o Kareem, R/o 19-3-583, Yazibanda, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, City Crime Station, Hyderabad. 2 The Commissioner of Police, Twin Cities, Basheerbagh, Hyderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that for the reasons stated in the letter dated 5.5.2005 the High Court may be pleased to issue an Order, direction, or a writ, more particularly one in the nature of Writ of Mandamus to call for the remarks and records from the Respondents herein relating to, calling the Petitioner herein to CCS, detaining him hours together illegally since last one week without any reason and cause, and taking the signatures of the Petitioner on written papers by CCS Police on 04/05/2005, and also directing the Petitioner to handover the cabin, body, chachie to the persons of Srirama Investment, and sending the above three items to the Godown of Srirama Investment with out Punchanama, and refusing to conduct Panchanama by using vulgar language and hard words, and insulting the Petitioner before the surrounding businessmen and to pass appropriate orders directing the concerned authorities to make enquiry into the matter and take appropriate action against concerned persons who are Responsible and punish them as per law in the interest of justice. Counsel for the Petitioner: PETITION Counsel for the Respondent No.: GP FOR HOME The Court, at the stage of admission, made the following : ORDER: Basing on the telegram, dated 04-05-2005, this case has been taken up as Writ Petition. 2. According to the complaint made by the Divisional Manager of M/s Shriram Investments Limited, Secunderabad, the petitioner and others approached his company for providing financial assistance to acquire vehicles and at their request the company provided assistance to them to the tune of Rs.1,00,19,000/- (rupees one crore and nineteen thousand only) for purchase of twenty nine vehicles and in default of payment of monthly instalments the company is entitled to seize the vehicles. When the petitioner failed to pay the instalments as agreed and committed breach of trust, the police have registered the case, visited the premises of the petitioner for purpose of investigation. 3. On instructions, the learned Government Pleader for Home stated that the Inspector of Police, Special Team, City Crime Station, Hyderabad, filed an affidavit stating that a case in Crime No.354 of 2005 under Sections 420, 406 r/w 34 IPC was registered against K.Srinivasa Rao, K.Nalinakshi, K.Chandrababu @ Anantharamulu, D.Chandramouli and K.Venkatareddy @ Sudhakar Rao and investigation was taken up, but no arrest was made so far and the investigation is in progress and denied the allegation that the said detenus were detained in the police station for hours together. 4. In view of the submission made by the learned Government Pleader and in the absence of any material to show that the petitioner was detained illegally, the question of granting relief as prayed for by the petitioner does not arise. Therefore, we are of the opinion that the Writ Petition is devoid of merits. 5. Accordingly, the Writ Petition is dismissed. _________________ (V. ESWARAIAH,J) ______________ (K.C.BHANU,J) 17th May, 2005. Tsy To 1 The Station House Officer, City Crime Station, Hyderabad. 2 The Commissioner of Police, Twin Cities, Basheerbagh, Hyderabad. 3 Two CCs to the GP for Home, High Court of A.P., Hyderabad (O.U.) 4 The Secretary, Home Department, Government of A.P., Secretariat, Hyderabad. 5 The Secretary, Legal Aid Committee, High Court Buildings, Hyderabad. 6 Two CD copies