IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 17999 of 2008 Between: Mididhoddi Devaiah S/o. Pochaiah R/o. Mustabad Village & Mandal, Karimnagar District. ..... PETITIONER AND 1 The Station House Officer, Police Station, Mustabad, Karimnagar District. 2 Udathala Radhakishan S/o. Jagannatham Village and Mandal, Karimnagar District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st Respondent in harassing the petitioner physically and mentally for payment of the alleged loan amount of Rs. 2,25,000/- together with interest payable to the 2nd Respondent as the same is illegal, arbitrary and without any authority of law, and be pleased to pass such other order or orders Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.17999 of 2008 ORDER: This writ petition is filed seeking a Mandamus declaring the action of the 1st respondent in harassing the petitioner physically and mentally for payment of the alleged loan amount of Rs.2,25,000/- together with to the 2nd respondent as illegal, arbitrary and without any authority. It appears, on the complaint made by the 2nd respondent to the 1st respondent that on 29.04.2003 the petitioner has taken an amount of Rs.2,25,000/- from him for arranging visa to go to Beharan, the 1st respondent called the petitioner to the police station on 05.08.2008 and demanded him for payment of the said amount with interest to the 2nd respondent. According to the petitioner, the 1st respondent is harassing him physically and mentally by putting him behind bars. It is his case that though he informed the 1st respondent that he did not take any amount from the 2nd respondent and requested him for his release from the illegal custody, the 1st respondent did not heed his request and gave him sometime for payment of the said amount. The grievance of the petitioner is that he is being harassed and threatened by the 1st respondent saying that he will be implicated either under N.D.P.S Act or the Prohibition and Excise Ac, if he does not pay the said amount to the 2nd respondent. Hence, this writ petition. In the counter affidavit, the 1st respondent, while denying the allegations made by the petitioner, had stated that the 2nd respondent approached the Superintendent of Police, Karimnagar District, on 01.08.2008 and submitted a complaint seeking to take action against the petitioner as he cheated him by taking an amount of Rs.2,25,000/- from him for arranging visa to go abroad. Upon receipt of the said complaint, the Superintendent of Police, Karimnagar, with an endorsement on it, forwarded the same to the 1st respondent for taking action. On receipt of the same, an entry was made in the General Diary on 04.08.2008 for conducting preliminary enquiry. As of now, the complainant-2nd respondent did not approach the 1st respondent police station and no action has been taken on the said complaint till date. In fact, the petitioner approached this Court making all false allegations on a mere apprehension that the police may take action against him on the complaint lodged by the 2nd respondent. The petitioner was neither harassed physically or mentally nor he was kept in the lockup at any time. In view of the averments made in the counter affidavit, I deem it appropriate to direct the 1st respondent not to harass the petitioner physically and mentally and not to call him to the police station without following the due process of law. The writ petition is, accordingly, disposed of. No order as to costs. _____________ C.V.RAMULU,J 21.11.2008 v v