IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 20429 of 2008 Between: K. Ramesh Kumar, S/o. Late Rajgopal, R/o. H.NO. 10-1-40, Saroor nagar, Lengogiguda, Hyderabad. ..... PETITIONER AND 1 State of Andhra Pradesh, Rep. by Commissioner of Police Cyberabad. 2 Assistant Commissioner of Police, L.B. Nagar, Ranga Reddy District, Hyderabad. 3 S.H.O., Saroor Nagar Police Station, Saroor Nagar, Hyderabad. 4 S.H.O., Saidabad Police Station, Saidabad, Hyderabad. 5 S.H.O., Hayathnagar Police Station, Hayathnagar, 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 issue an appropriate Writ, order, or direction one in the nature of Writ of Mandamus declaring the action of respondents NO. 2 to 5 herein in interfering in day to day life of the Petitioner herein and threatening him with foisting false cases as arbitrary, illegal and consequently direct the respondents 2 to 5 herein not to interfere in the peaceful enjoyment of life and or pass Counsel for the Petitioner:MR.NYAYAPATHI PRASHANT Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.20429 of 2008 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of respondents in interfering the day to day life of the petitioner and threatening to register false cases against him as arbitrary and illegal and consequently direct the respondents 2 to 5 not to interfere with life and liberty of the petitioner. According to the petitioner, he purchased two cell phones bonafidely from one Mekala Nagarjuna. Surprisingly, the Police belonging to third respondent Police Station visited the shop of the petitioner and informed him that the said cell phones are stolen goods and accordingly seized the same. On the confession statement of Mekala Nagarjuna, petitioner was arrested and later released on bail. It is the grievance of the petitioner that thereafter Police are continuously visiting his shop and residence and harassing him whenever cell phone theft cases occur. Hence the writ petition. A detailed counter affidavit has been filed by the fourth respondent denying the allegations made by the petitioner that the Police are continuously visiting the shop and residence of the petitioner for flimsy reasons and harassing him whenever cell phones theft occurs and due to the said harassment, petitioner was constrained to shut down his shop for more than 20 days. It is stated that the petitioner is not required in any of the cases registered or pending on the file of fourth respondent Police Station. The fourth respondent never sent any Constable to the premises of petitioner nor threatened him at any point of time. The present writ petition has been filed as a precautionary measure only to prevent the Police from taking any action in future. As of now, no complaint is lodged against the petitioner in the fourth respondent Police Station. In view of the above, the writ petition is disposed of directing the respondents not to interfere with the life and liberty of the petitioner without following due process of law. No order as to costs. ____________ C.V.RAMULU, J Date: 18.11.2008 DA THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.20429 of 2008 18.11.2008