IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 8474 of 2004 Between: Syed Aziz Ahmed S/o. Syed Shareef Ahmed APSEB, R/o. 19-3-1089/B/64, Jahanuma, Hyderabad. ..... PETITIONER AND 1 The Commissioner of Police, City of Hyderabad, Bashir Bagh, Hyderabad. 2 The Deputy Commissioner of Police, South Zone, Purani Haveli, Hyderabad. 3 The Deputy Commissioner of Police, Task Force, South Zone, C.C.S. Buildings, Hyderabad. 4 The Asst. Commissioner of Police, Falaknuma Division, Falaknuma, Hyderabad. 5 The Station House Officer Police Station Jahanuma, Hyderabad. .....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 Writ Order or direction more particularly in the nature of mandamus, directing the Respondent Nos. 1 to 5 and their constables, not to visit the house of the petitioner bearing No. 19-3-1089/B/64, Jahanuma, Hyderabad, frequently without any lawful authority insisting the petitioner and his family members to produce and show the address of the elder son namely Syed Nazeer Ahmed @ Sami, who is not residing in India since last twelve years and torture and detain the petitioner and his other sons and such any other order or orders Counsel for the Petitioner:MR.MOHD.QASIM Counsel for the Respondents: GP FOR HOME The Court made the following : ORDER: The petitioner seeks to issue a writ of mandamus directing the respondents 1 to 5 not to visit his house frequently without any lawful authority insisting him and his family members to produce and show the address of his elder son viz. Syed. Nazeer Ahmed @ Sami who is not residing in India since last twelve years and torture and detain the petitioner and his other sons. It is stated that with regard to tracing out the whereabouts of the elder son of the petitioner, the petitioner and his family members are being harassed by the police. A counter has been filed by the respondents stating that elder son of the petitioner was involved in rowdy and unlawful activities in Crime No.212 of 1986 for the offence under Section 302 IPC of Sulthanbazar Police Station, Crime No.214 of 1988 for the offence under Section 302 IPC of Mirchowk Police Station, Petty Case No.1897 of 1989 for the offence under Section 61- A of C.P.Act and Crime No.26 of 1990 for the offence under Sections 302 and 324 IPC of Nampally Police Station and a rowdy sheet was also opened against him on 16.03.1990 at Nampally Police Station, Hyderabad. All the allegations that the petitioner was harassed with regard to tracing out his elder son and on 15.04.2004 the 5th respondent jumped into the house of the petitioner along with the constables and taken away his two other sons, detained them in the police station for two days subjected them to torture and insisted them to show the address and whereabouts of their brother were denied by the respondents. It is stated that the police never entered into the house of the petitioner either on 15.04.2004 or on 25.04.2004 and they never threatened the petitioner. In view of the categorical denial of all the allegations stating that the petitioner was never harassed or threatened for production of his elder son, no relief can be granted in this writ petition and hence, it is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:17.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{NR}