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 V.ESWARAIAH WRIT PETITION No.18 of 2005 Between: Mohd. Shareef, S/o. Mohd. Rasool, R/o. N.R. Nagar, L.B. Nagar, R. R. District. ..... PETITIONER AND 1 Superintendent of Police, Nalgonda. 2 Deputy Superintendent of Police, Choutuppal. 3 Inspector of Police, Choutuppal, Police Station. 4 Sub-Inspector of Police, Choutuppal Police Station. .....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 one in the nature of Writ of Mandamus declaring the action of the respondent No. 4 is confirning the petitioner in to Police Station Choutuppal, for 6 days i.e. from 2012-2004 to 25-12-2004 as illegal arbitrary colurable exercise of powers and violative of fundamental rights and consequently direct the respondents not to call the petitioner of the Police Station, Choutuppal, inconnection with any offences under investigation under the processes of law and to pass Counsel for the Petitioner:MR.M.A.MUJEEB Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.18 of 2005 ORDER: Petitioner seeks to issue a Writ of Mandamus declaring the action of the 4th respondent in illegally confining him in the police station for six days i.e., from 20-12-2004 to 25-12-2004 as illegal and arbitrary. A counter has been filed stating that the respondents never detained the petitioner at any point of time in the police station. As no case has been registered against the petitioner, the question of detaining him in the police station for six days does not arise. In view of denial of all the allegations made in the writ affidavit, I am of the opinion that the disputed question of fact cannot be decided in the writ petition. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 24-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}