IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 8058 of 2008 Between: Pothireddy Ramesh Babu S/o.Sri Madhava Rao R/o.Edupalli Village, Guntur District. ..... PETITIONER AND 1 The A.P. State Consumer Disputes Redressal Commission, Khairatabad, Hyderabad, rep. by its Registrar. 2 The District Consumer Forum, District Judges Compound, Visakhapatnam. 3 Smt.V.Girija Sastry W/o.A.V.S. Sastry R/o.2-442-90, Excise Colony, Hanumakonda - 506 001. .....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 any appropriate writ, order or direction more particularly a Writ of Certiorari and call for the records on the file of the Hon'ble A.P. State Consumer Disputes Redressal Commission, Hyderabad, passed in R.P.No.60 of 2008, dt. 27.3.2008 and quash the same and issue any other appropriate writ, order or direction as this Hon'ble Court may be pleased to deem fit and proper. Counsel for the Petitioner : MR.DANTU.SRINIVAS Counsel for the Respondents : GP FOR CIVIL SUPPLIES The Court made the following : HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 8058 of 2008 ORDER : (Per Hon’ble Sri Justice R.Subhash Reddy) This writ petition is filed seeking a writ of Certiorari to call for the records pertaining to the orders dated 27.03.2008, passed by the A.P. State Consumer Disputes Redressal Commission (hereinafter referred to as ‘the State Commission), Hyderabad in R.P.No.60 of 2008 and quash the same as illegal and arbitrary. The petitioner herein is an opposite party in the Consumer Dispute in C.D.No.723 of 1999 on the file of the District Consumer Forum, Visakhapatnam (hereinafter referred to as ‘the District Forum’). It appears that the District Forum passed an Award in the above said Consumer Case. On the ground that inspite of directions issued by the District Forum for refund of the amounts, the opposite party is not depositing the money, the complainant therein has filed P.P.No.301 of 2000 for detention of the opposite party in Civil prison. At this stage, the petitioner herein has filed I.A.No.383 of 2007 seeking directions to treat his detention in P.P.No.57 of 2000 as detention in this case. The District Forum, by order dated 27th February 2008, dismissed the said interlocutory application in I.A.No.383 of 2007. The petitioner questioned the said order before the State Commission in R.P.No.60 of 2008. Even the State Commission, after considering various pleas raised by the petitioner, by order dated 27th March 2008, dismissed R.P.No.60 of 2008, confirming the order dated 27th February 2008, passed by the District Forum in I.A.No.383 of 2007. In this writ petition, it is contended by the learned counsel for petitioner Sri D.Srinivas that as the petitioner is already detained in P.P.No.57 of 2000, the said period should be given set off, as provided under Section 428 of Cr.P.C. We are unable to accept the said contention of the learned counsel, for the reason that the set off as provided by Section 428 of Cr.P.C. is with regard to the detention of a person at the stage of investigation and enquiry of the very same case, but not of different case. Asmuch as the said provision cannot be invoked in the case of the petitioner, the application filed by the petitioner in I.A.No.383 of 2007 has been rightly dismissed by the District Forum and also confirmed by the State Commission. In view of the same, we do not find any merit in this writ petition, warranting an interference of this Court under Article 227 of the Constitution. The Writ petition is devoid of merit and is accordingly dismissed. No order as to costs. _________________ ANIL R. DAVE, CJ 15th April 2008 ___________________ R. SUBHASH REDDY, J ajr To: 1 The A.P. State Consumer Disputes Redressal Commission, Khairatabad, Hyderabad, rep. by its Registrar. 2 The District Consumer Forum, District Judges Compound, Visakhapatnam