IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1675 of 2009 Between: A.V.N. Rao S/o. A. Narsimha Rao R/o. H.No. 2-2-1109/76, Bagh Amberpet, Hyderabad. ..... PETITIONER AND 1 P. Srinivas Reddy S/o. not known Cyberabad, Hyderabad. 2 S. Narsimha Rao S/o. not known Cyberabad, Hyderabad. 3 The Commissioner of Police Cyberabad at Gachibowli, Hyderabad. 4 The Principal Secretary to Government Home Department Secretariat, Hyderabad. 5 Smt. G. Jyothi W/o. Ravinder, D/o. Narayana R/o. H.No. 11-6-254, Pochammabagh, Saroor Nagar, 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 issue a writ or order or direction one in the nature of Writ of Mandamus directing the Respondents No.3 and 4 to take action against the Respondents No.1 and 2 being responsible for illegal detention for two days and held custodial torture on the Petitioner in blue and black at PS. Saroor Nagar, in collusion with Respondent No. 5 and prevent the process of abuse of law, the same is violation of fundamental rights guaranteed under Constitution of India vide Article 14, 16 and 21 and consequently direct the Respondent No.1 and 2 to return the cheque bearing No. 883800 and blank Promissory Note which is executed by the petitioner in PS. Saroor Nagar under coercion. Counsel for the Petitioner:MR.MAMIDI VENU MADHAV Counsel for the Respondent No.: GP FOR HOME The Court made the following : ORDER: This writ petition is filed by the petitioner stating that he is a contractor and entered into an agreement with the 5th respondent for developing her land. After raising the constructions upto certain level, there arose certain disputes between himself and the 5th respondent and at her instance the police called him to the police station on 21.1.2009 and illegally detained him and threatened him to be released only after payment of the amounts to the 5th respondent and got a cheque as well as a blank promissory note executed in her favour. Hence he filed the present writ petition seeking the following substantial relief. “ writ of Mandamus directing the Respondents No.3 and 4 to take action against the Respondents No.1 and 2 being responsible for illegal detention for two days and held custodial torture on the Petitioner in blue and black at PS. Saroor Nagar, in collusion with Respondent No. 5 and prevent the process of abuse of law, the same is violation of fundamental rights guaranteed under Constitution of India vide Article 14, 16 and 21 and consequently direct the Respondent No.1 and 2 to return the cheque bearing No. 883800 and blank Promissory Note which is executed by the petitioner in PS. Saroor Nagar under coercion.” The 1st respondent filed a detailed counter affidavit, a perusal of which indicates that a crime in Cr.No.53 of 2009 under Section 420 IPC has been registered against the petitioner herein on 19.1.2009 and investigation has commenced and only to avoid the investigation, the petitioner has come up with the present writ petition. In view of the registration of the crime against the petitioner, he is at liberty to approach the competent court seeking appropriate relief. The writ petition is accordingly closed. N.V.RAMANA,J Dt.6.2.2009 msv