IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 15097 of 2003 Between : 1 Laxmi Bai, W/o. Peeraji, R/o. Degloor Village, Nanded District, Maharashtra State. 2 Kum.Anuja @ Soni, D/o. Ramulu, R/o. Degloor Village, Nanded District, Maharashtra State. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Secretary, Home Department, Secretariat, Hyderabad. 2 The Director General of Police, Hyderabad, Andhra Pradesh. 3 The Superintendent of Police, Nizamabad. 4 The Sub-Inspector of Piolice, Bodan P.S., Nizamabad District. 5 Ch.Laxminarayana, S/o. Pandu, Nizamabad District. 6 G.Sekhar, Age: Major, Badan P.S., Nizamabad District. 7 Asst.Police Inspector, P.S.Degloor, Nanded District, Maharashtra State. .....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 issue a writ, order or direction more in the nature of writ of Mandamus :- a) directing the respondents 1 and 2 herein to pay a sum of Rs. One Lakh each to the petitioners towards compensation for violation of the procedure for arrest and also for detaining the petitioner illegally in P.S., Bodhan from 17.8.2002 to 20.8.2002 for depriving the personal liberty without any authority under law; b) to take departmental action as well as criminal action against the police officials who have violated the provisions of Criminal Procedure Code for arrest and detention of the petitioners; c) by duly declaring the action of the respondents with regard to unauthorised detention of the petitioner in the P.S.Bodhan from 17.8.2002 to 20.8.2002 is nothing but a clear case of Violation of provisions of Sec.57 of Criminal Procedure Code and also violation of Art.21 of the Constitution of India. Counsel for the Petitioners : MR.V.RAVI KIRAN RAO Counsel for the Respondents : GP FOR HOME The Court made the following : ORDER : In this writ petition, the petitioners seek directions by way of Mandamus, directing respondents 1 and 2 to pay compensation of Rs.1 lakh each on the ground that they were illegally detained in Police Station, Bodhan from 17th August 2002 to 20th August 2002, and to further direct for taking departmental action against the Police Officers, who have violated the provisions of the Criminal Procedure Code. 2. It is the grievance of the petitioners that in connection with investigation pending in Crime No.230 of 2002 on the file of P.S.Degloor, they were taken into custody from their village Degloor in Maharashtra State on 17th August 2002 and they were kept in illegal custody up to 20th August 2002, and were produced before the Judicial Magistrate of First Class, Bodhan only on 20th August 2002 at 11.30 a.m. It is their grievance that as they were detained for more than 24 hours by the Police, their detention is illegal and in violation of Section 57 of the Code of Criminal Procedure. In the said context, the petitioners seek for payment of compensation for their illegal detention, and further, to take steps against the Police officers concerned. 3. Counter affidavit is filed by the Sub-Divisional Police Officer of Bodhan in Nizamabad District. In the counter affidavit it is stated that basing on a complaint given by one Mr.T.Raja Ram, a case in Crime No.230 of 2002 was registered against the petitioners and others for the alleged offence under Section 498-A of I.P.C. The petitioners herein are shown as accused Nos.2 and 5 in the said Crime. It is stated that after registering the crime, for the purpose of investigation, the 6th respondent ASI went to Degloor, brought the petitioners to Police Station on 17th August 2002 for the purpose of counseling, and on the said date, the petitioners have promised to attend the counseling along with male members of the family on 19th August 2002 and they have also given personal undertaking for their personal appearance on 19th August 2002. It is stated that as they failed to appear as assured, they were arrested on 20th August 2002 at 10 a.m. and were produced before the Judicial First Class Magistrate, Bodhan on the same day evening. It is further stated that alleging illegal detention of petitioners, a telegram was also sent on behalf of petitioners by one Mr.M.Gangadhar, which was treated as a Writ of Habeas Corpus in W.P.No.16528 of 2002, in which, a detailed counter was filed. 4. It is contended by the learned counsel for petitioners that from the proceedings issued by P.S.Degloor on 21st of August 2002, it is clear that the petitioners were arrested on 17th August 2002 in connection with Crime No.230 of 2002, registered against them for the alleged offence under Section 498-A of I.P.C. It is contended that they were arrested on 17th August 2002 and were continued in illegal detention till 20th August 2002. 5. I have also perused the copy of the order passed in Writ Petition No.16528 of 2002. Even in the counter affidavit filed in the said petition, it is specifically pleaded by the respondents that the petitioners were arrested on 20th August 2002 at 10 a.m. after informing the grounds of their arrest. Though the petitioners have filed the report, dated 21st of August 2002, sent by the Police of P.S.Degloor to an Advocate by name Sri Muppidwar Suresh of Degloor, stating that the petitioners were taken into custody on 17th August 2002, but in the counter affidavit, it is clearly stated that though the petitioners were brought from their village i.e. Degloor on 17th of August 2002, but it is categorically stated in the counter affidavit that they were not arrested on the said date. It is further stated that in view of the personal undertaking given by the petitioners to appear on 19th August 2002 for the purpose of counseling, they were not arrested, but they were arrested only on 20th of August 2002 when they failed to appear on 19th August 2002, as per their undertaking. In that view of the matter, it cannot be said that the petitioners were detained for more than 24 hours from 17th August 2002 to 20th August 2002. It is also to be noticed that based on this stand taken by the respondents in the counter affidavit filed in Writ Petition No.16528 of 2002, the said writ petition was closed. It is also pertinent to note that this writ petition itself is filed after nine months of registration of the Crime, even without making any representation to any of the higher authorities, complaining the alleged detention of the petitioners, by the respondents. In that view of the matter, I do not find any ground for grant of directions as prayed for. 6. For the aforesaid reasons, the writ petition is devoid of merit and it is accordingly dismissed. No order as to costs. _____________________ R.SUBHASH REDDY, J 21st April 2009 ajr