IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 475 of 2009 Between: Mohd. Afzal S/o. Mohd. Haneef R/o. 10-1-1190/2, A C Guards, Hyderabad. ..... PETITIONER AND 1 The Commissioner of Police Basheerbagh, Hyderabad. 2 The Station House Officer PS Saifabad, Saifabad, Hyderabad. 3 Abdul Wahid Ali S/o. Late Ghulam Ali R.o. 258, New Malakpet, 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 to pass an order or orders in the nature of writ of Mandamus by directing Respondent No.2 herein not to interfere with the civil and money disputes of the petitioner and Respondent NO.3 herein and by declaring the actions of the Respondent No.2 herein of harassing the petitioner by callilng him and detaining him at the police station and sending police personnel in search of the petitioner at his residence without any valid reason or cause and declare the same as totally illegal, arbitrary against the Principles of natural justice and to pass order or orders Counsel for the Petitioner:MR.R.K.G.BHATIA Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.475 OF 2009 ORDER: 1 The petitioner approached this court and filed the present Writ Petition with the following prayer: “For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to to pass an order or orders in the nature of writ of Mandamus by directing Respondent No.2 herein not to interfere with the civil and money disputes of the petitioner and Respondent NO.3 herein and by declaring the actions of the Respondent No.2 herein of harassing the petitioner by calling him and detaining him at the police station and sending police personnel in search of the petitioner at his residence without any valid reason or cause and declare the same as totally illegal, arbitrary against the Principles of natural justice and to pass order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.” 2 A counter affidavit has been filed wherein it is stated that the petitioner was never directed to appear before the police station. However, the learned counsel for the petitioner disputing the same stated that the petitioner was called to the police station so many a time and was pressurized to get the civil disputes settled. 3 In the light of the said instructions received by the learned Assistant Government Pleader and also keeping in view of the submissions made by the learned counsel for the petitioner, this court is of the view that this Writ Petition can be disposed of with a direction to the police not to call the petitioner to appear before the police station for the purpose of settling civil disputes and further he shall not be directed to appear before the police without following due process of law. 4 The Writ Petition is accordingly disposed of. No order as to costs. -------------------- 25.08.2009 kvsn