IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4412 of 2009 Between: Syed Misbahuddin, S/o. Syed Moizuddin, Now came to India R/o. H.No.11-3-679/A, New Mallepally, Hyderabad-01. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by its Principal Secretary to the Home Department, Secretariat Buildings, Hyderabad. 2 The Director General of Police, Hyderabad. 3 The Commissioner of Police, Hyderabad. 4 The Circle Inspector of Police, Habeeb Nagar Police Station, Habeeb Nagar, Mallepally, Hyderabad. 5 Sri. S.Ramachandra Reddy, Circle Inspector of Police, Habeeb Nagar Police Station, Habeeb Nagar, Mallepally, Hyderabad. 6 Naidu, Police Constable, Habeeb Nagar Police Station, Habeeb Nagar, Mallepally, Hyderabad. 7 Nagender, Police Constable, Habeeb Nagar Police Station, Habeeb Nagar, Mallepally, Hyderabad. 8 Ghouse, Police Constable, Habeeb Nagar Police Station, Habeeb Nagar, Mallepally, Hyderabad. .....RESPONDENTS Counsel for the Petitioner: MR.K.VENUMADHAV Counsel for the Respondent Nos.1 to 8: AGP FOR HOME The Court made the following : ORDER: In this writ petition, the petitioner complains of his harassment by the police in the process of apprehending his first younger brother by name Syed Munawaruddin, who is involved in a number of criminal cases. This Court, by order dated 19.03.2009, directed respondent No.3 to conduct an enquiry and file a counter-affidavit on the averments in the affidavit filed by the petitioner. Accordingly, the Deputy Commissioner of Police, West Zone, Hyderabad, was appointed to hold an enquiry. The enquiry report, dated 31.03.2009, sent by the Deputy Commissioner of Police, West Zone, Hyderabad to respondent No.3 is filed in the Court. In his report, it is stated that though the petitioner, who was examined by him, stated that the Inspector of Police, Habeeb Nagar Police Station visited his house on 26.02.2009, beat him brutally, took him to police station and used vulgar language against the pardanasheen ladies, after examining the Inspector of Police and the material produced by him, he found the allegation of the petitioner that he was beaten by the Police, Habeeb Nagar as false. He also concluded on the basis of the material that the accused, who is the first younger brother of the petitioner, was visiting the same house bearing House No.11-3-679, New Mallepally, Hyderabad, in which the petitioner is residing and that the statement of the Inspector of Police, Haboob Nagar showed that as the petitioner and other family members allowed the accused to escape from the house when the police visited, they warned the petitioner not to harbour the accused. Since it is not possible for this Court to decide whether the petitioner was harbouring his accused brother or not and whether both of them are residing in the same premises, no specific finding on this can be rendered. However, it will suffice to observe that the petitioner, who has nothing to do with the criminal activities of his brother cannot be harassed or his personal liberty shall be put to jeopardy merely on account of his relationship with his criminal brother. Unless the police have definite material to show that the petitioner has been harbouring his accused brother, they shall not interfere with the life and personal liberty of the petitioner in future. Subject to the above direction, the writ petition is disposed of. As a sequel to disposal of main petition, WPMP Nos.5782, 5783 and 5784 of 2009 filed by the petitioner for interim reliefs are disposed of as infructuous. C.V.NAGARJUNA REDDY, J Date: 11.06.2009 va