IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 11924 of 2002 Between: M.Pre,matj S/o.M.Yellappa R/o.H.No.7-41, Main Bazar, Kodumuru, Kurnool Dist. ..... PETITIONER AND 1 The State of A.P. Rep.by its Principle Secretary (Home) Secretariat, Hyderabad. 2 P.Srinivasulu Kodumuru, Kurnool Dist. .....RESPONDENT(S) 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 appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, and direct the respondents to pay compnesation-cum-ex-gratia of Rs.1,00,000/- for the illegal tortue metted out by the petitioner in connection with Crime No.29/2002 in the hands of respondent No.2, by conducting detailed independent enquiry and pass Counsel for the Petitioner:MR.J.U.M.V.PRASAD Counsel for the Respondent No.: GP FOR HOME The Court made the following : Form-NIC-OGS/WP{KMR} THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO.11924 OF 2002 ORDER: It is the case of the petitioner that a false case has been registered against him in Crime No.29 of 2002 of Kodumuru Police Station on a complaint filed by B.Venugopal Naidu the fair price shop dealer of 6th Ward and in that connection, he was taken to the police custody on 24-3-2002 and illegally detained in the police station and produced before the Court on 26-3-2002. It is stated that during the course of police custody, he was tortured causing grievous hurt and injury to him and by exceeding their official functions and therefore, the petitioner seeks to issue a writ of mandamus for payment of compensation-cum-exgratia of Rs.1,00,000/- for the illegal torture meted out to him. It is further stated that in fact, in Crime No.29 of 2002 of Kodumuru Police Station, after filing the charge sheet, the same was numbered as C.C.286 of 2002 and after full trial, the Judicial Magistrate of First Class, Kurnool acquitted the petitioner as the prosecution miserably failed to prove the guilt of the petitioner. A counter has been filed stating that the petitioner was arrested in connection with the above crime and produced before the Magistrate on 25-3-2002 itself and the learned Magistrate directed to produce the petitioner/accused on the next day i.e., on 26-3-2002 and accordingly, he was produced on 26-3-2002 and on the same day, he was remanded to judicial custody. Thus, it is stated that there was no any illegal custody or any torture that was meted out to the petitioner. It is further stated that in fact, the wife of the petitioner filed a Habeas Corpus Petition inW.P.No.5840 of 2002, in which a counter has been filed and the said writ petition was dismissed on 17-4- 2002. If the petitioner was maliciously prosecuted and there was no any justification in filing the complaint, it is always open for the petitioner to initiate criminal action against the complainant as well as the concerned officials for malicious prosecution and it is also open for the petitioner to file a suit for damages against the concerned. In view of the disputed questions of fact that the petitioner was not at all beaten and he was not at all detained illegally for more than 24 hours, the said questions cannot be decided in this writ petition. The learned counsel appearing for the petitioner submits that the police instead of taking action against the complainant for his unlawful activities of not distributing the essential commodities and committing irregularities, on his illegal complaint, they erroneously registered the case and tortured the petitioner. Though, the way in which the police registered the case based on the aforesaid complaint and prosecuted the petitioner appears to be unreasonable, I am of the opinion that the petitioner has got an effective alternate remedy to take appropriate action as indicated above for the appropriate relief. The writ petition is dismissed accordingly. No order as to costs. ________________ V.ESWARAIAH,J Date:18-06-2008 Shr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The State of Andhra Pradesh, represented by its Principal Secretary, (Home), Secretariate, Hyderabad. 2. The Sub Inspector of Police, Kodumuru Police Station, Kurnool Dist. 3. 2 CCs to 4. 2 CD copies.