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 : 1159 of 2001 Between: 1 Qumar Sultana W/o Mohammed Akbar R/o Aman Nagar-B, Talaabkatta, Hyderabad. 2 Mohammed Akbar S/o Late Mohd Bande Ali R/o Aman Nagar-B, Talaabkatta, Hyderabad. ..... PETITIONERS AND 1 The Government of Andhra Pradesh Rep by its Principal Secretary, Home Department. Secretariat, Hyderabad. 2 The Assistant Commissioner of Police, Chhatrinaka Presently one Mr.Krishna Murthy, Hyderabad-500 022. 3 The Station House Officer, Chandrayanagutta P.S., Hyderabad 4 Ahmad, Bhavani Nagar, P.S., Hyderabad. 5 Superintendent, Osmania General Hospital, Hyderabad. 6 Central Bereau of Investigation, Rep by its D.G.I., B-6, IIIFloor, Kendriya Sadan, Sultan Bazar, Hyderabad. .....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 an appropriate writ, order or direction, particularly a writ in the nature of Mandamus, directing a comprehensive enquiry and investigation by the 6th Respondent herein i.e., the C.B.I., into the incidents of police torture and other atrocities against the petitioner's husband and their vigorous prosecution in a appropriate court, with a consequential direction to the Respondent No.1 to 4 to pay the petitioners not less than Rs: 2,00,000/-(Rupees Two Lakhs Only) as Compensation for wrongful deprivation of livehood, personal liberty and illegal torture of Mohammed Akbar and family, award costs to the Writ Petition. Counsel for the Petitioners: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.1159 of 2001 ORDER: The first petitioner is the wife of the second petitioner. It is alleged that the second petitioner was subjected to torture and atrocities by the Hyderabad City Police. A writ of Mandamus is sought in the form of a direction to the Central Bureau of Investigation (CBI), the sixth respondent herein, to enquire into the incidents of police torture and atrocities, against the second petitioner. In the affidavit filed in support of the Writ Petition, a detailed account of the alleged acts is given. A counter-affidavit is filed by respondents 1 to 3. It is stated that the second petitioner is a habitual and notorious criminal. It is stated that apart from figuring him as an accused, he was found on several occasions wielding the revolver and threatening the persons, for his personal gains. A list of 14 cases is furnished in the counter-affidavit, in which the second petitioner figured as accused. Heard leaned counsel for the petitioners and learned counsel for the respondents. The second petitioner filed a separate writ petition, being W.P.No.6146 of 1999, in a different context, but almost on similar facts. He prayed for compensation of Rs.5,00,000/-, on the allegations that he was subjected to torture and ill-treatment. Today itself, this Court dismissed the said writ petition. It is only in rare and exceptional cases, this Court directs an enquiry through CBI. It is not as if the second petitioner is an innocent person without any criminal background and that he was subjected to any ill-treatment. The counter-affidavit makes startling revelations. The second petitioner has grossly misused not only the liberty accrued to him under the Constitution, but also the procedure prescribed under law. This Court does not find any basis to grant any relief to the petitioners. The Writ Petition is accordingly dismissed. There shall be no order as to costs. _______________________ Dt.28.11.2008 L.NARASIMHA REDDY, J GJ