IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 28234 of 2007 Between: 1 N.Rajendra Kumar, S/o late Papi Naidu, R/o D.No.4-63-2/1, Lawsonsbay Colony, Visakhapatnam-17. 2 Ch.Yethirajulu, S/o Appa Rao, Hindu r/o 18-14-1, KGH Road, Markandeya Nilayam, Maharanipeta, Visakhapatnam-2. ..... PETITIONERS AND 1 The Commissioner of Police, Visakhapatnam. 2 The Station House officer, Traffic Sub Inspector, IV Town Police Station, Visakhapatnam. .....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 appropriate writ or direction more particularly one in the nature of writ of mandamus declaring the impugned action of the 2nd respondent in interfering with the life and liberty of the petitioner as highly arbitrary, illegal and violative of Art.14 and 21 of Constitution of India and consequentially direct the 2nd respondent herein, not to call the petitioners day in and day out and interfere with their lives and liberty without authority of law and pass such order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.T.M.K.CHAITANYA Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No. 28234 of 2007 ORDER: Two petitioners allege unlawful interference by the respondents with their liberties. The respondents are alleged to be calling the petitioners to the police station and detaining them illegally for two hours on every alternate day without any just cause nor any complaint is registered against them. The second respondent has filed counter affidavit denying the above broad allegations and asserting that a complaint was received on 7.7.2007 night stating that the complainant’s brother was hit by a motor cyclist who escaped after hitting and causing injury to the complainant’s brother. The said complaint was registered as Crime No. 53 of 2007 under Section 338 of I.P.C. on the file of the 2nd respondent. During investigation of the said crime, the first petitioner was suspected to be perpetrator of a hit and run incident. The respondents deny any harassment of the second petitioner nor his involvement in any crime. The petitioners have not chosen to implead the State of Andhra Pradesh as a respondent to the writ petition, but have impleaded the Commissioner of Police, Visakhapatnam and the Station House Officer, IV Town Police Station, Visakhapatnam. Since the respondents as impleaded are only State actors and since the petitioners have not chosen to implead either the State nor an instrumentality of the State, the writ petition itself is not maintainable and no relief can be granted. The writ petition is accordingly dismissed. No costs. ___________________ GODA RAGHURAM,J DATE: 20th June, 2008 pnb To 1 The Commissioner of Police, Visakhapatnam. 2 The Station House officer, Traffic Sub Inspector, IV Town Police Station, Visakhapatnam. 3 Two c.cs. to the Govt. Pleader for Home, High Court Buildings, Hyderabad. 4 Two C.D. copies