IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 1073 of 2008 Between: Somashekar, Human Rights Welfare Association, Andhra Pradesh State, Vikarabad. ..... PETITIONER AND 1 The Station House Officer, Vikarabad Police Station, Ranga Reddy District. 2 The Station House Officer, Dharuru Police Station, Ranga Reddy District. 3 Sri T. Swamy, Circle Inspector of Police, Vikarabad Circle, Vikarabad, Ranga Reddy District. 4 Sri Saidi Reddy, Sub Inspector, Vikarabad Ranga Reddy District. 5 Sri M. Rajaiah, Sub Inspector, Dharuru Police Station, Ranga Reddy District. 6 The Superintendent of Police, Ranga Reddy District at Vikarabad. 7 The Director General of Police, Government of Andhra Pradesh, Hyderabad. 8 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Secretariat, Hyderabad. .....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 issue an Order, direction, or a Writ, more particularly one in the nature of Writ of Mandamus calling for the records and remarks from the respondents herein in and connected to (i) illegal detention of one Mr. Altaf Hussain by the Police of Vikarabad on mere suspicion, inflicting third degree methods for 5 days in order to produce one Syed Hussain, aged 19 years; (ii) illegally collecting Mamool by the respondents Nos. 3 to 5 and falsely implicating the non-payees and (iii) Absconding of Syed Hussain, Aged 19 years on account of threat to his life from the Police and his whereabout not known till date; And This Hon'ble Court may be pleased to pass appropriate orders directing the concerned to register a case against Altaf Hussain and two others and produce them before the Hon'ble Court; to provide immediate Medical aid to the Altaf Hussain and others in the wake of Police torture; to order investigation into the matter of irregularities and illegal activities of subverting due process of law by the Police Officials and to pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: TELEGRAM Counsel for the Respondent No.: GP FOR HOME The Court made the following : ORDER: (per Hon’ble Sri Justice A. Gopal Reddy) The telegram, dated 11.01.2008 sent by one Somashekar, General Secretary, Human Rights Welfare Association, A.P. State, Vikarabad addressing the Hon’ble the Chief Justice alleging illegal detention of one Mr. Altaf Hussain by the Police Vikarabad and absconding of Syed Hussain on account of threat to his life in the hands of the police, has been taken up as a writ petition. The counter affidavit filed by the Circle Inspector of Police, Vikarabad Circle, Ranga Reddy District, the third respondent herein, discloses that on the complaint made by Mr. Chandra Sekhar, Eenadu Press Reporter, R/o Kondapur village, Sri K.P. Rajaiah, Sub-Inspector of Police, Dharur Police Station registered a case in Crime No.11 of 2008 for the offences punishable under Sections 420, 468 and 471 IPC and took up investigation on 9.01.2008. The investigation reveals that Althaf Hussain (A.1), Mohd. Syed Hussain (A.2) are the sons of Abid Hussain and are residing at Dharur whereas Jalaluddin Qureshi (A.3) is a resident of Nimboliadda, Kachiguda, Hyderabad. Althaf Hussain-A.1 and Md. Syed Hussain-A.2 collected amounts for arranging fake driving licences and A.1 and A.3 prepared fake driving licences in the name of the complainant as if they are issued by the RTA. The investigation also reveals that A.1 was involved in Crime No.22 of 2005 registered for the offences under Sections 420, 468, 471 IPC of Manghalhat Police Station and A.3-Mr. Jalaludding Qureshi was involved in three cases i.e. Cr.No.23 of 2005, Cr.No.165 of 2001 and Cr.No.233 of 2003 for the offences under Sections 420, 468 and 471 IPC of Kachiguda Police Station. The Investigating Officer arrested Althaf Hussain (A.1) and Mr. Jalaludding Qureshi (A.3) on 17.01.2008 at 21.40 hours and produced them before the Judicial First Class Magistrate, Vikarabad on 18.01.2008. The learned Magistrate remanded the accused to judicial custody. Subsequently, A.1 was released on bail on 31.01.2008 and A.3 was released on bail on 4.02.2008. A.2 is absconding and the police are making all efforts to apprehend him. In view of the above, a report was called for from the Station House Officer, Vikarabad about the existence of Human Rights Welfare Association, Vikarabad represented by its General Secretary Somasekhar. The Tahsildar, Vikarabad made an enquiry and addressed the Sub-Inspector of Police, P.S. Vikarabad informing that there is no such Welfare Association exists in Vikarabad town and the above telegram is a fake one. In view of the averments made in the counter affidavit, we have satisfied that there is no illegal detention of alleged detenu as alleged in the telegram. As they were involved in serious offences police arrested them and produced before the Magistrate. Accordingly, the Writ Petition is dismissed. ___________________ (A.GOPAL REDDY, J) ______________________ (B.SESHASAYANA REDDY, J) 7th March, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Vikarabad Police Station, Ranga Reddy District. 2 The Station House Officer, Dharuru Police Station, Ranga Reddy District. 3 Sri T. Swamy, Circle Inspector of Police, Vikarabad Circle, Vikarabad, Ranga Reddy District. 4 Sri Saidi Reddy, Sub Inspector, Vikarabad Ranga Reddy District. 5 Sri M. Rajaiah, Sub Inspector, Dharuru Police Station, Ranga Reddy District. 6 The Superintendent of Police, Ranga Reddy District at Vikarabad. 7 The Director General of Police, Government of Andhra Pradesh, Hyderabad. 8 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Secretariat, Hyderabad. 9 2 CCs to G.P. for Home, High Court of A.P. Hyderabad. (OUT) 10 2CD copies. Form-NIC-OGS/WP{SPJS}