IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 146 of 2009 Between: 1 Sabhavath Shankar S/o. Tijya Naik 12-19-24 Sevalalnagaram, Kukatpally Hyderabad A.P 2 Sabhavath Hanumanthu S/o. Tijya Naik 12-19-24 Sevalalnagaram, Kukatpally Hyderabad A.P 3 V.Raju S/o Satyanarayana 12-19-60 Sevalalnagaram, Kukatpally Hyderabad A.P ..... PETITIONERS AND 1 The State of A.P Rep.by its Station House Officer Police Station Kukatpally Hyderabad A.P 2 The Commissioner of Police Cyberabad Hyderabad A.P 3 Sri Gopal Naik S/o Jagya Naik Sevalangar Kaithlappor Kukatpally Cyberabad Hyderabad A.P .....RESPONDENTS 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 an appropriate writ or order or direction under Article 226 of the Constitution of India and particularly one in the nature of writ of Mandamus declaring the crime No.1388/2008 of Kukatpally Police Station Cyberabad Kukatpally R.R District A.P as unjust arbitrary and illegal and also violative of Article 21 of the Constitution of India, after calling for the records. Counsel for the Petitioners: SRI NUTHALAPATI KRISHNA MURTHY Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.146 of 2009 ORDER: The writ petition is filed seeking a Mandamus declaring the Crime No.1388 of 2008 of Kukatpally Police Station, Kukatpally, Ranga Reddy District, as arbitrary and illegal. According to the petitioners, they are residents of Sevalalnagar Thanda and the land in which the said Thanda was formed originally belonged to one T.Rajender and he subsequently sold the land of about 84 acres, including the land where the said Thanda is situated, to the Cybercity Builders. Thereafter, the Cybercity Builders have accepted to leave the land to an extent of 5 acres for the said Thanda and 3000 sq. yards for community purpose as agreed with the elders. However, when the Cybercity Builders started constructions without leaving the land of 3000 sq. yards for the community purpose, a quarrel took place on 03.08.2008 among the residents of the said Thanda, in which two persons died, and in that connection, a case in Cr.No.825 of 2008 of P.S.Kukatpally was registered against the petitioners and they were released on bail after two months and thereafter they left to Bombay. It is the case of the petitioners that they had to live faraway from their houses, being afraid of the incidents followed from 03.08.2008 to 06.08.2008, but since their children were losing their studies due to leaving of their houses, their family members approached this Court by filing W.P.No.27523 of 2008 and obtained interim directions on 18.12.2008 in W.P.M.P.No.36055 of 2008, whereby respondent Nos. 1 and 2 therein were directed to provide protection to the petitioners therein to enable them to live at their place of residence at the said Thanda along with their family members. The grievance of the petitioners is that pursuant to the said interim orders, when their family members went to their Thanda on 23.12.2008 in six vehicles, they were attacked by some antisocial elements and the drivers of the vehicles were severelly beaten, and on the basis of the statement given by one of the injured drivers, a case was registered, but surprisingly, a false case in Crime No.1388 of 2008 of Kukatpally Police Station, Kukatpally, Ranga Reddy District, has been registered against the petitioners on the complaint given by the 3rd respondent and, therefore, the same is illegal and arbitrary. Heard the learned counsel for the petitioners and the learned Government Pleader for Home. It is to be noted that on the basis of a complaint given by the 3rd respondent, a case in Crime No.1388 of 2008 of Kukatpally Police Station has been registered against the petitioners and the investigation in the said crime is in progress. Admittedly, this Court passed interim directions on 18.12.2008 in W.P.M.P.No.36055 of 2008 directing the respondents therein to provide protection to the petitioners therein, who are none other than the family members of the petitioners, enabling them to live at their place of residence at the said Thanda along with their family members. However, if the petitioners feel that the said interim orders are being violated, they are at liberty to seek redressal of their grievances in the writ petition, which is pending. In view of the same, the relief as sought for by the petitioners in this writ petition cannot be granted. Therefore, no grounds have been made out for this Court, in exercise of the proceedings under Article 226 of the Constitution of India, to interfere with the investigation process in the said crime, and the writ petition is devoid of merits and is liable to be dismissed. However, at this stage, the learned counsel appearing for the petitioners sought liberty to approach the Court at appropriate time to file discharge application. Granting the aforesaid liberty, the writ petition is dismissed. No costs. ______________ N.V.RAMANA,J 21.01.2009 v v