IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 24931 of 2008 Between: G. Chandrasekhar, C/o. Mohammad Feroz, Rajendra Nagar, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Rajendranagar Police Station, Rajendranagar, Hyderabad. 2 The Commissioner of Police, Cyberabad, Hyderabad. 3 The District Collector, Ranga Reddy District. 4 The Govt. of A.P., Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad. 5 The Director General of Police, D.G.P. Office, Hyderabad. .....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 For the reasons stated in the "Letter" dated 01-11-2008 sent by the Petitioner herein, this Hon'ble Court may be pleased to issue an Order, direction, or a Writ, more particularly one in the nature of Writ of Mandamus to call for the records and remarks from the Respondents herein in and connected to (i) kidnapping of Mr. Raju Goud by the goondas led by Mr. Kammari Ramesh [H.No : 6-1-144, Sivaram pally, Rajendranagar] and police; (ii) action of the Respondents in not producing him in any court; and this Hon'ble Court may be pleased to pass appropriate orders directing the Respondents herein to investigate into the matter and trace out Mr. Raju Goud and to pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:LETTER Counsel for the Respondent No.: GP FOR HOME The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION NO.24931 OF 2008 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) This is a taken up writ petition on the basis of the letter addressed by the petitioner to the Hon’ble Chief Justice dated 1.11.2008. In the letter dated 1.11.2008, the petitioner alleged that Rajendranagar police grabbed the land owned by him to an extent of Ac.1.13 gts, in Sy.No.43 of Sivarampally Village including the house and sold away to unauthorized parties by producing forged documents. The mediator Mr.Raju Goud, who was called for discussion, has been kidnapped on 17.10.2008 by goondas led by Mr.Kammari Ramesh and police and till date he was not produced before any court. On issuance of notice, Inspector of Police, Rajendranagar Police Station, Cyberabad, 1st respondent herein filed an affidavit stating that on the basis of the letter of the petitioner, a case in Crime No.1318 of 2008 under Section 363 I.P.C. was registered on 17.11.2008 and investigated into. The allegation that the land of the petitioner including the house was sold away by the police to third parties was denied. It is stated that while the investigation was in progress, Mr. Kummari Ramesh, Assistant Registrar working in J.N.T.U.C. who is the accused in the case, voluntarily appeared before the police and stated that he never saw the petitioner and has no contacts with the petitioner in any manner and denied the allegation of kidnapping Mr. Raju Goud, as alleged by the petitioner. With regard to the dispute in connection with land in Sy.No.43 as alleged in the letter, it is stated that a private complaint was lodged by Smt. R.Sharadha before the VIII Metropolitan Magistrate, Cyberabad against one Kammari Bhaskar and Kammari Ramesh ( on whom the petitioner leveled allegations) under Section 200 Cr.P.C., on which basis, a case in Crime No.290 of 2008 was registered under Sections 417, 419, 420 etc., on 17.3.2008 and investigated into. In the said crime, Mr. Kammari Ramesh is shown as Accused No.2. Since no evidence was collected to show that the accused committed the offence, the investigating officer is going to refer the said private complaint as ‘civil in nature’. It is stated that till date, the petitioner has not approached the police with regard to the alleged kidnap of Raju Goud nor lodged any complaint. In view of the above averments, this Court directed the Inspector of Police, Rajendranagar Police Station to ascertain whereabouts of the petitioner and to produce him before this Court. But, the police could not locate the petitioner and on investigation, it is reported that the cell number which is given by the petitioner, stands in the name of one Bandari Srinivas, S/o. Ramulu, resident of Peddamallareddy Village, who committed suicide by pouring kerosene and litting fire. To that effect, certified copy of F.I.R. in Crime No.294/2008, dated 23.12.2008 is filed. In view of the above and as the letter is sent with anonymous address, no credence can be given to the contents therein. However, as the crime has already been registered, the first respondent is directed to complete the investigation and file appropriate report before the competent Court having jurisdiction over the area. Accordingly, the writ petition is dismissed. No costs. _________________ (A. GOPAL REDDY, J.) _______________ (R. KANTHA RAO, J.) JANUARY 19, 2009 TSR