IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3934 of 2009 Between: 1 Md. Iqbal Hussain, S/o.Md. Ahmed Hussain Office at: The Superintendent of Post Offices, Kurnool-518001. 2 N.Abdul Kareem, S/o.late Meera Saheb R/o.Teachers’ Colony, Ashok Nagar, Kurnool-518003. ..... PETITIONER(S) AND 1 The Station House Officer, IV Town Police Station, Kurnool. 2 The Superintendent of Police, Kurnool District, Kurnool. .....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 will be pleased to issue a writ of Mandamus or any other appropriate writ, order or direction declaring the action of 1st Respondent herein, in summoning the Petitioners to the Police Station in respect of the civil dispute of insolvency Petition in I.P.No.52/2008 between the brother of the Petitioner and others, pending on the file of the Prl. Senior Civil Judge, Kurnool, as illegal, without jurisdiction and violative of Article 21 of the Constitution of India and human rights and consequently restrain the 1st Respondent herein, from doing so. Counsel for the Petitioners: MR.SHAFATH AHMED KHAN Counsel for the Respondent No.: GP FOR HOME The Court made the following : O R D E R:- The petitioners’ case is that the 2nd petitioner is the brother-in-law of the 1st petitioner, and there are civil disputes between the brother of the 1st petitioner and others, and in connection therewith, an Insolvency Petition i.e. I.P.No.52 of 2008 is also pending on the file of the Principal Senior Civil Judge, Kurnool. While so, on 20.6.2008, some persons, who are said to be involved in the business of the 1st petitioner’s brother, with the help of the 1st respondent-Station House Officer, came to the petitioners’ house and demanded them to clear their debts, and it is their grievance that the 1st respondent, on 18.2.2009, and more so, very often, summoning them to the police station and threatened them with dire consequences to clear debts of the 1st petitioner’s brother to his creditors. The 1st respondent filed counter affidavit inter alia denying the averments made in the affidavit filed in support of the writ petition and stated that based on the complaint lodged by one S.Abdul Waheed against Mr.Liyakath Hussan, the brother of the 1st petitioner and three others, the 1st respondent registered a case in Cr.No.347 of 2008 for the offence punishable under Section 420 IPC and the petitioners are arrayed as A2 and A3 in that crime. It is further stated in the counter affidavit that during the course of the investigation, no evidence was found to show that they committed the alleged offence and proposals were sent to the Sub- Divisional Police Officer, Kurnool, to refer the complaint as “Civil in Nature” and a final report is yet to be filed before the trial Court, and the 1st respondent never harassed the petitioners nor directed them to settle the issue out of the Court. In view of the stand taken by the 1st respondent in the counter affidavit that except registering a case against the petitioners and others based on the complaint made by one S.Abdul Waheed, he has never harassed the petitioners nor compelled them to settle the civil dispute, this Court feels that no orders are required to be passed in this writ petition and the same is accordingly closed. No costs. ______________ N.V.RAMANA, J 6th March, 2009 bcj