THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.12699 of 2010 Date : 3-9-2010 Between : Mudra Venkata Subba Rao S/o.late Venkateswara Rao .. Petitioner And The Superintendent of Police, Adilabad District, Adilabad and others .. Respondents Counsel for petitioner : Sri Srinivasa Rao Velivela Counsel for respondents : A.G.P. for Home The Court made the following : THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.12699 of 2010 ORDER: This Writ Petition is filed for a mandamus to declare the action of respondents in harassing the petitioner under threat of arrest in connection with C.C.No.215/2003 (old C.C.No.184/2001) on the file of the learned Judicial First Class Magistrate, Adilabad, as illegal and arbitrary. The petitioner, in his affidavit, has averred that respondent Nos.2 and 3 have been harassing him by suspecting him as one Maganti Venkata Subba Rao who is stated to be accused in the above mentioned criminal case. According to the petitioner, he has nothing to do with the said accused and that without there being any evidence to prove that the petitioner is the same person who is the accused in the above criminal case, respondent Nos.2 and 3 have been unduly harassing him. A counter affidavit has been filed by respondent No.3 wherein it is inter alia stated that in all six persons were involved in C.C.No.215/2003, that all but one accused have been arrested and that Accused No.5 by name Maganti Venkata Subba Rao is absconding. It is further stated that as the petitioner’s name and the name of Accused No.5 happens to be one and the same, the Police have merely called him for the purpose of identification and that they have not been harassing the petitioner. It is further stated that if after thorough identification and verification, the petitioner is found to be Accused No.5 in the said criminal case, necessary action will be taken against him. The allegation made by the petitioner that he is being harassed is denied in the counter affidavit. In view of the above mentioned stand taken in the counter affidavit, the Writ Petition is disposed of with a direction to the respondents not to interfere with the life and personal liberty of the petitioner unless it is fairly established that he is Accused No.5 in the above mentioned criminal case. While the respondents are permitted to hold investigation, they cannot unduly harass the petitioner in the name of such investigation. As a sequel to the disposal of the Writ Petition, W.P.M.P.No.15982/2010 is disposed of as infructuous. No costs. ________________________ Justice C.V.Nagarjuna Reddy Date : 3-9-2010 AM