IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.4074 of 2004 Between: Smt.N.Mahalakshmi, W/o.N.Ramarao, A4, Sai Krupa Apartments, Giri Street, Satyanarayanapuram, Vijayawada. ..... PETITIONER AND 1 The State of A.P.,rep.by its Prl.Secretary, Home Dept., Secretary, Home Department, Secretarait, Hyderabad. 2 The Commissioner of Police, Vijayawada. 3 Sri P.Satyanand, Station House officer, Satyanarayanapuram Police Station, Vijayawada. .....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 to issue a writ or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent herein causing illegal detention of the petitioner that, of a woman, is against to the law, and also declare that he is liable for punishment for his illegal and highhanded action, consequently direct the 3rd respondent to pay damanges to the petitioner and pass. Counsel for the Petitioner:MR.S.S.VARMA Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{JA} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.4074 of 2004 O R D E R: It is the case of the petitioner that in connection with registration of the crime No.14/2004 for the offence under 341, 427, 506 r/w.34 of IPC, showing the petitioner as Accused No.4 and though all the alleged offences are bailable offences, but she was made to sit in the police station for about 12 hours from 9 a.m. to 9 p.m and she was scolded with unprintable language making her to go mental agony and therefore, she seeks to issue a Writ of Mandamus declaring the action of the 3rd respondent in causing her illegal detention is against law and to take appropriate action against the 3rd respondent. It is not in dispute that on a complaint given by one Mr.B.Mohan Rao, a case was registered against four persons i.e. husband of the petitioner, two more others along with the petitioner. According to the complaint, the accused went to the complainant’s house and stopped the complainant and threatened him with dire consequences putting up to fear of death and to cut the water pipeline of the complainant. It is stated in the counter that as the case registered against the petitioner is bailable offence she was arrested only at 9.45 a.m. and released her on bail at 2 p.m. on taking self-bond. It is further stated that in fact the Advocate of the petitioner Sri U.S.Kumar was also present when she was arrested in the apartment and in fact said Advocate who accompanied the petitioner also came to the police station until she was released on bail. It is stated that the petitioner was not at all scolded or subjected to any cruelty or mental agony, but except taking appropriate steps for investigation in a bailable offence, the police did not exceed anything while discharging their official duties. In view of the facts of the case, it may not be just and proper to this Court to appreciate the rival contentions, which are all disputed facts. Having regard to the facts of the case, the Writ Petition is dismissed. However, the petitioner is at liberty to avail all remedies available under law for redressal. ___________________ V.ESWARAIAH,J Dated: 26.06.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State of A.P.,rep.by its Prl.Secretary, Home Dept., Secretary, Home Department, Secretarait, Hyderabad. 2 The Commissioner of Police, Vijayawada. 3.2CCs to 4.2CD copies