IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 26182 of 2007 Between: M.D.Vasimoddin W/o.Shaikirmahmed, R/o.2-7-21/1, Suryapet, Nalgonda District. ..... PETITIONER AND 1 The Superintendent of Police, Nalgonda District at Nalgonda. 2 The Station House Officer, P.S. Suryapet Town, Nalgonda District. 3 M/s. Bhageriya Financial & Capital Services Ltd., at No: 1-8- 724/1, Old Nallakunta, Hyderabad, rep. by its authorized signatory: Om Prakash Bhageria, Managing Director, S/o. late Mohan Lal Bhageria, Age: 53 yerars, R/o. 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 issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus directing the official respondents not to give threats to the petitioner of arrest under the guise of N.B.W. dated 13.8.2007 issued in the name of one M.d.Vision (Osman), the accused in C.C.No.73 of 2006 on the file of the III Addl. Chief Metropolitan Magistrate, Hyderabad at Nampally and pass such other order or orders. Counsel for the Petitioner: None appeared Counsel for Respondent Nos.1 & 2: Assistant Government Pleader for Home Counsel for Respondent No.3: None appeared The Court at the stage of admission made the following : ORDER: This writ petition is filed for a writ of mandamus to direct respondent Nos. 1 and 2 not to arrest the petitioner in the guise of executing non-bailable warrant dated 13-08-2007 issued in the name of one M.D. Vision (Osman), the accused in C.C No. 73 of 2006 on the file of the III Additional Chief Metropolitan Magistrate, Hyderabad at Nampally. At the hearing, there is no representation for the petitioner. In the affidavit filed in support of the writ petition, it is averred that respondent No.3 filed a private complaint against M.D. Vision (Osman), son of Md. Fakir Ahmed, resident of 2-7-21/1, Suryapet stating that the said person availed loan for a sum of Rs.20,000/- to purchase a vehicle, that he committed default in repayment of the loan amount and that the police refused to take the complaint on file on the ground that the same is civil in nature. It is further averred that respondent No. 3 filed a private complaint before III Additional Chief Metropolitan Magistrate, Hyderabad, which is referred to police who filed their report saying that the dispute is civil in nature. It is further averred that on the protest petition filed by respondent No.3, the Court also opined that the matter is civil in nature and the same does not attract Section 406 IPC, that respondent No.3 filed Criminal Revision Petition No. 274 of 2005 on the file of Additional Metropolitan Sessions Judge for trial of Communal Offence Cases-cum-VII Additional Metropolitan Magistrate, Hyderabad who passed order dated 03-01-2006 directing the III Additional Chief Metropolitan Magistrate, Hyderabad to restore Crl.M.P No. 5680 of 2004 in Crime No. 482 of 2004 and on the basis of the said direction, C.C No. 73 of 2006 was registered wherein non- bailable warrant was issued against M.D. Vision (Osman) on 13-08-2007. The case of the petitioner is that there is no such person by the said name in the said address and without considering the petitioner’s plea, the police are seeking to arrest him. No counter affidavit is filed. Learned Assistant Government Pleader for Home however stated that before executing the warrant, respondent No.2 will verify whether the person whose name is mentioned in the warrant and the petitioner is one and the same and that it is only after being satisfied about the identity of the petitioner, that the warrant will be executed. The writ petition is disposed of placing on record the above submission of the learned Assistant Government Pleader. As a sequel to disposal of the writ petition, WPMP No. 34146 of 2007 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY,J Dated: 24-04-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintendent of Police, Nalgonda District at Nalgonda. 2 The Station House Officer, P.S. Suryapet Town, Nalgonda District. 3 2CCs to the Assistant Government Pleader for Home, Hyderabad (OUT) 4 2CD copies