IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 20514 of 2008 Between: A Dasarath, S/o. Late A.Sattaiah, R/o. H.No.92 Sanjeevaiah Nagar, West Marredpally, Secunderabad. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep by its Principal SEcretary, Home Department, Secretariat, Hyderabad-4 2 The Commissioner of Police, Basheerbagh, Hyderabad. 3 Station House Officer, Police Station Marredpally, Secunderabad. .....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 to issue a Writ, Order or Direction more particularly oen in the Nature of writ of Mandamus declaring the action of the Rspondents in intefering with petitioner life and liberty without the sanction of any law as arbitrary and illegal and consequently direct the Respondent to allow to live hislife with dignity and peace as guaranteed under Article-21 of the Constitution of India and pass Counsel for the Petitioner:MR.C.M.R.VELU Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.20514 of 2008 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in interfering with the life and liberty of the petitioner without sanction of law as arbitrary and illegal and consequently direct the respondents to allow the petitioner to live his life with dignity and peace as guaranteed under Article 21 of the Constitution of India. It appears, a rowdy sheet was opened against the petitioner in the year 1990 at Marredpally Police Station and after review in the year 2001, the same was closed. While that being so, in August 2008, the Task Force Police of North Zone working under second respondent picked up the petitioner at late hours from his residence and left him without assigning any reason and again on 4.9.2008, the third respondent and his staff came to his house late in the night and threatened to implicate in false criminal cases. Hence the writ petition. A detailed counter affidavit has been filed by the third respondent denying the allegations made by the petitioner and stating that apart from the crimes committed by the petitioner prior to 1990, he was involved in Crime No.347 of 2007 under Section 147, 148, 302, 120-B read with Section 249 IPC and Section 25(1)(a) of Arms Act registered on the file of Kharkhana Police Station, wherein petitioner along with his associate rowdy sheeters (A1 to A6) formed into unlawful assembly on 8.10.2007 duly armed with deadly weapons and brutally killed one Mr.A.S.Raju, in which petitioner’s name was shown as A7 and the said case is pending trial vide P.R.C.No.19 of 2008. Apart from that, petitioner is A3 in Crime No.142 of 2008, registered under Sections 341, 506 IPC and the said case is still under investigation. In view of the said involvement of the petitioner in fresh cases, and in order to curtail his unlawful activities, the rowdy sheet closed in the year 2001, was reopened. Therefore, it cannot be said that the respondents are harassing the petitioner wantonly or unreasonably. Be that as it may, the respondents may continue the investigation into the crimes pending against the petitioner, as required under law, however, they shall not intrude into the privacy of the petitioner and disturb his family peace without there being any reason and without following due process of law. The writ petition is accordingly disposed of. No order as to costs. ____________ C.V.RAMULU, J Date: 18.11.2008 DA THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.20514 of 2008 18.11.2008