IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.2667 of 2005 Between: Syed Kaleemullah Quadri, S/o Syed Mohammed, R/o 17-3-69, Rain Bazar, Hyderabad. ..... PETITIONER AND 1 The Commissioner of Police, Hyderabad. 2 The Station House Officer, Rain Bazar Police Station, 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 any appropriate writ, order or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in harassing the petitioner to close the business as illegal, arbitrary and much against the principles of natural justice and consequently direct the respondents not to harass the petitioner to close his valid business and to pass such other order or orders which this Honourable Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.K.SRINIVASA REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.2667 of 2005 ORDER: Petitioner seeks to issue a Writ of Mandamus declaring the action of the respondents in harassing the petitioner to close down the business as illegal and arbitrary. A counter has been filed stating that one Mr.Syed Rasheed Ahmed lodged a complaint with the 2nd respondent on 04-01-2005 against the petitioner stating that he obtained a hand loan of Rs.1,800/- from the petitioner, who is running a business in the name and style M/s.Syed Kaleemullah Finances at Rein Bazar, Hyderabad and that the complainant paid Rs.1,800/- and he could not repay the rest of the installments and therefore, the petitioner came to his house on 22-12-2004, took the complainant along with him and beat him and locked him in his office and threatened with dire consequences and also threatened to kill the complainant and his family members. Basing on the said complaint, a case in Cr.No.3 of 2005 for the offences punishable under Sections 452, 342 and 506 IPC was registered and after completion of the investigation, charge-sheet was filed before the XVI Metropolitan Magistrate, Hyderabad, and the same was numbered as C.C.No.141 of 2005. As the complaint discloses cognizable offence, a case in Cr.No.3 of 2005 was registered against the petitioner. Therefore, it cannot be said that police harassed the petitioner without following due process of law. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 01-05-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{AVLR}