IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 11411 of 2000 Between: Iqbal Khan S/o. Osman Khan R/o.17-3B-666, Chandra Nagar, Yakutpura, Hyderabad. ..... PETITIONER AND 1 The Commissioner of Police, C/o. Commissioner's Office Chetta Bazar, Hyderabad. 2 The Circle Inspector of Police, Jublee Hills, Police Station, Jublee Hills, Hyderabad. 3 Circle Inspector of Police, Bhavani Nagar Police Station Bhavani Nagar, Hyderabad. 4 Sri.G.V.Ramana Goud, Sub Inspector of Police, Jublee Police Station, Jublee Hills, Hyderabad. .....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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st Respondent on the petitioner's complaint dt.16-5-2000 and 17-5-2000 and taken appropriate action and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: Mr.NUTHALAPATI KRISHNA MURTHY Counsel for the Respondents: GP FOR HOME The Court made the following : ORDER: Heard learned counsel appearing for the petitioner as well as the learned Government Pleader for Revenue appearing for the respondents. 2. The relief sought for by the petitioner is not clear, specific, and it gives no meaning but however what the petitioner wants to submit is that the inaction of the respondents in not considering and disposing of his representations, dated 15-05-2000 and 17-05-2000, is illegal and arbitrary 3. It is the case of the petitioner that he is the Joint Secretary of Pupils’ Union for Civil Liberty of A.P.State Committee and on 13-05-2000 while he was going to his house at about 9-00 p.m., he heard the cry of a lady calling him by name-Iqbal Khan and then he went to the jeep to the place nearby T.V.Mechanic shop near Railway bridge, Yakatpura where he found a police jeep and the police called her in filthy language and she was kept in the jeep and he followed the jeep, stopped the jeep at S.T.D. booth at Rain bazaar chaman, showed his identity card, and when he questioned the police he was threatened that he would be shot dead in the encounter and they called him ‘bastard’. It is stated that the petitioner was kept in lock up and beaten brutally. Therefore, he made complaint, dated 15-05-2000 and 17-05-2000 before the 1st respondent but the 1st respondent has not investigated into the matter and has not taken any action so far. 4. Counter has been filed on 18-08-2000 denying all the allegations made by the petitioner stating that with regard to the investigation of the double murder case occurred in the limits of S.R.Nagar police station vide Cr.No.266 of 2000 by five hired assassinates engaged by the M.L.A. and former Minister of Anantapur District namely Paritala Ravi when the police party were searching for the house of the accused-Ravindrachary–A3, one of the nine accused, in the above said case while enquiring into the whereabouts of the 3rd accused his wife Chandrakala (sister of the accused Ravindra Chary) started shouting at the police upon which the Sub-Inspector of police told her that her husband is nothing to do in the said murder case and they are just enquiring the whereabouts of Ravindra Chary but she mobilized lot of people there and made the police enquiries difficult. At that time petitioner also joined in the gathering and started causing enquiries. All the other allegations were denied. It is stated that the police never abused the process of law but they were only investigating the case in Cr.No.2006 of 2000. 5. As nothing has been stated about the disposal of the petitioner’s representations, dated 15-05-2000, and 17-05-2000, this Court directed to file an additional counter and accordingly an additional counter has been filed by the 1st respondent-Commissioner of police, and the 1st respondent based on the records, stated that the said complaint/representations, dated 15-05-2000 and 17-05-2000, were considered and disposed of by the then Commissioner of Police vide Letter No.L & O/N1/3170/2000 dated 22-07-2000, addressed to the petitioner which reads as follows: “Your petitions dated 15-05-2000 and 17-05-2000 were duly examined and it is observed that the action against the concerned police officials is not warranted. Moreover, the accused-Ravindra Chary is a notorious criminal involved in a murder case apart from the double murder case of police station, S.R.Nagar, which he recently committed. He is also involved in Medchal Bomb Blast case, Nacharam Bank Robbery case and Robbery case in the limits of Osmania University police station. The above said cases are pending trial in the Court of law. However, you may seek legal remedies available in you as per law”. 5. As the scope of the Writ Petition is only to declare the action of the respondents in not considering and disposing of the said representations and as the said representations have already been considered and disposed of, I am of the opinion that the petitioner is not entitled for any relief. If really there is any truth in the allegations made by the petitioner, he could have filed a private complaint before the competent Court for taking proper redressal but it cannot be said that the police has not taken any action. Writ Petition is devoid of merits. 6. Accordingly, Writ Petition is dismissed. There shall be no order as to costs. _________________ V.ESWARAIAH,J 11th March, 2008 Tsy To To 1 The Commissioner of Police, C/o. Commissioner's Office Chetta Bazar, Hyderabad. 2 The Circle Inspector of Police, Jublee Hills, Police Station, Jublee Hills, Hyderabad. 3 The Circle Inspector of Police, Bhavani Nagar Police Station Bhavani Nagar, Hyderabad. 4 2CCs to 5 2CD copies Form-NIC-OGS/WP{ESWAR}