IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.17109 of 2005 Between: Dr.S.Kiran Kumar, s/o Sambaiah, r/o H.No.2-7-157, Excise Colony, Subedari, Hanamkonda, Warangal District. ..... PETITIONER AND 1 Superintendent of police, Warangal District, Warangal. 2 Additional Superintendent of police, Mulugu, Warangal District. 3 Station House Officer, Eturunagaram Police Station, Eturunagaram, Warangal District. .....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 may be pleased to issue any appropriate writ, order or direction preferably a writ in the nature of writ of mandamus, declaring the action of the respondents in high handedly harassing the petitioner and his family members during the course of investigation in Crime No.51 of 2004 on the file of the 3rd respondent as being illegal, arbitrary, and violative of Articles 20, 20(3) and 22(1) of the Constitution of India and consequently direct the respondents to interrogate the petitioner in the presence of a counsel in connection with the said Crime No.51/2004 on the file of the 3rd respondent and not to harass the petitioner or his family members in connection with Crime No.51/2004 on the file of the 3rd respondent and pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. Counsel for the Petitioner:MR.U.SUMAN Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.17109 of 2005 ORDER: This writ petition has been filed seeking a Writ of Mandamus to declare the action of the respondents in high handedly harassing the petitioner and his family members during the course of investigation in Cr.No.51 of 2004 on the file of the 3rd respondent as illegal and arbitrary. A counter has been filed denying the allegation that the Investigating Officer harassed the petitioner and his family members during the course of investigation in Cr.No.51 of 2004 on the file of the 3rd respondent and further stated that except fulfilling his duties during the course of investigation, no harassment has been made to the petitioner or his family members. In view of the aforesaid facts and circumstances of the case, I am of the opinion that the disputed questions of fact cannot be decided in this writ petition and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 10-07-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}