IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 16549 of 2008 Between: Rajamoni @ Kavali Venkataiah, S/o. Kavali Yellaiah, Kavalika, R/o. Thummaluru Village, Maheswaram Mandal, Ranga Reddy District. ..... PETITIONER AND 1 The Inspector of Police, Police Station Maheshwaram, Cyberabad City 2 The Commissioner of Police, Cyberabad Commissionerate, Cyberabad .....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 a writ, order or direction more particularly one in the nature of Mandamus declaring the notice issued by the 1st respondent under Section 91/160 Cr. P.C., in Crime No. 42/Cr/Cyb/2008 dated 20-6-2008 as being illegal, unjust, arbitrary and violative of Articles 14 and 21 of the constitution of India. Counsel for the Petitioner:MR.E.V.BHAGIRATHA RAO Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.16549 of 2008 ORDER: This writ petition is filed seeking a Mandamus declaring the notice issued by the 1st respondent under Section 91/160 Cr.P.C. in Crime No.42/Cr/Cyb/2008, dated 20.06.2008, as arbitrary, illegal and violative of Articles 14 and 21 of the Constitution of India. The impugned notice, dated 20.06.2008, prima facie, indicates that, on the direction given by the learned IV Metropolitan Magistrate, Ibrahimpatnam, Ranga Reddy District to file the original pattedar pass books and other link documents for issuing the pattedar pass books in favour of the petitioner and his family members, the 1st respondent issued the same requesting the petitioner to produce the original pass books issued in his name and in the name of his family members by the then Mandal Revenue Officer Sri Anand Rao in file No.D/3559/02 and the supporting document for issuance of the said pass books for producing before the Court. According to the petitioner, the documents, which the 1st respondent requested him to produce, were already seized under seizure panchanama on 19.03.2007, in the presence of the panch witnesses, by the police for the purpose of investigation in connection with Crime No.132 of 2006 on the file of the 1st respondent police station. The 1st respondent filed a detailed counter affidavit stating that he assumed charge as Inspector of Police, Maheswaram police station, Cyberabad city on 27.03.2008 and he did not thoroughly verify the CD file pertaining to Crime No.132 of 2006 registered against the petitioner and others. He also stated that to comply with the directions of the learned Magistrate and in good faith, he issued the notice dated 20.06.2008 to the petitioner to produce certain documents, but subsequently, after verifying the record in CD file in Crime No.132 of 2006, it came to light that the originals sought to be produced by the petitioner were already filed before the Court in connection with Crime No.132 of 2006 and he further stated that he has no intention of harassing the petitioner. In view of the same, nothing survives in this writ petition for further adjudication. The writ petition is, accordingly, closed. No order as to costs. _____________ C.V.RAMULU,J 01.12.2008 v v