IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.8176 of 2009 Between: 1 Gurrala Muni Reddy, S/o. Muni Reddy, R/o. Narayanapally Village, Duvvur Mandal, Kadapa District. 2 Gurrala Ramachandra Reddy, S/o. Chinnamunireddy, R/o. Narayanapally Village, Duvvur Mandal, Kadapa District. 3 K. Surayanarana Reddy, S/o. Muni Reddy, R/o. Narayanapally Village, Duvvur Mandal, Kadapa District. 4 G. Munir Reddy, S/o. Muni Reddy, R/o. Narayanapally Village, Duvvur Mandal, Kadapa District. 5 Varikuti Sundararami Reddy, S/o. Peddakonda Reddy, R/o. Yerrabally Village, Duvvur Mandal, Kadapa District. 6 Narupally Anki Reddy, S/o. Ramakrishna Reddy, R/o. Madirepalle Village, Duvvur Mandal, Kadapa District. 7 Guvvala Ramalinga Reddy, S/o. Linga Reddy, R/o. Madirepalle Village, Duvvur Mandal, Kadapa District. 8 Dudekula Chinna Peera Hussain, S/o. Khasimsaheb, R/o. Yerraballi Village, Duvvur Mandal, Kadapa District. 9 Gundala Mabubhasha, S/o. Khasimsaheb, R/o. Yerraballi Village, Duvvur Mandal, Kadapa District. 10 Chennakambagari Madarvalli, S/o. Khasimsaheb, R/o. Yerraballi Village, Duvvur Mandal, Kadapa District. 11 Mulapaku Chandra Mohan Reddy, S/o. Gangi Reddy, R/o. Bokkayapalli Village, Khajipeta Mandal, Kadapa District. 12 Natlapalli Mallikarjuna, S/o. Chinnasubbaiah, Peddashettipalli Village, Mydukur Mandal, Kadapa District. 13 Obugani Nagaraju, W/o. Pullanna, R/o. Chinnayagadipalli Village, Mydukur Mandal, Kadapa District. 14 Dhanapala Jagan Mohan, S/o. Balishetty, H.No. 10-189-1, Badvel Road, Mydukur Mandal, Kadapa District. ..... PETITIONER(S) AND 1 The Election Commission of India, Rep by its Chief Electoral Officer, Hyderabad. 2 The District Collector, Kadapa, Kadapa District, 3 The Superintendent of Police, Kadapa, Kadapa District, 4 The Station House Officer, P.S. Duvvur, Duvvur Mandal, Kadapa District. 5 The Station House Officer, P.S. Khajipet, Khajipet Mandal, Kadapa District. 6 The Station House Officer, P.S. Mydukur, Mydukur Mandal, Kadapa 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 a writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in detaining the petitioners hours together in the police stations without any reasons or complaints against the petitioners herein, as illegal, arbitrary, in gross violation of principles of natural justice and article 14 and 21 of the constitution of India and consequently direct the respondents No. 3 to 6 not to detain or arrest the petitioners with out any reasons and follow the procedure contemplated under law particularly in election schedule to be held on 23-4- 2009, or otherwise petitioners will suffer serious loss and great hardship. Counsel for the Petitioner:MR.CHALLASIVASANKAR Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.8176 of 2009 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) It is the case of the petitioners that the 1st petitioner is a general agent of one Sri I.Tirupala Reddy, who is contesting for Mydukur Assembly Constituency on behalf of Praja Rajyam Party, and a single window Chairman of Duvvur Mandal. The other petitioners are local leaders. It is stated that respondents 3 to 6 herein were illegally detaining them and made them sit in the police stations hours together without there being any complaint or registration of any criminal case. They are active persons required to participate in the meetings for the elections to be held on 23- 04-2009, but respondents 3 to 6 are asking them to be present in the police stations concerned and, therefore, they apprehend that respondents 3 to 6 may arrest them without any reason. It is further stated that the petitioners are not involved in any crime from the date of the election notification and they are bound over before the Mandal Revenue Officer, after executing personal bonds for a sum of Rs.50,000/-. Therefore, the petitioners seek issue of a Writ of Mandamus declaring the action of the police concerned in detaining them in the police stations as illegal and arbitrary and to direct respondents 3 to 6 not to detain or arrest the petitioners without following the procedure contemplated by law, particularly, before the elections to be held on 23-04- 2009. No doubt, under law, without there being registration of any criminal case involving the petitioners in a cognizable offence, they cannot be detained in the police station. Admittedly, the petitioners have not made any representation or protest against the alleged illegal action of respondents 3 to 6. Therefore, without making any complaint/representation before the authorities concerned about the alleged illegal action of respondents 3 to 6, we are of the opinion that no Writ of Mandamus can be issued to the petitioners. Accordingly, the writ petition is dismissed. However, it is always open to the petitioners to make a complaint/representation in this regard to the authorities concerned. There shall be no order as to costs. ________________ V.ESWARAIAH, J __________________ SANJAY KUMAR, J Date : 21-04-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{RLD}