IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 21765 of 2008 Between: Borra Balasundaram S/o.B.Panduranga Sastry R/o.D.No.21-10-46/A,Srinagar colony Vijayawada ..... PETITIONER AND 1 The Superintendent of Police, Government Railway Police, Secunderabad Division, Secunderabad 2 The Deputy Superintendent of Police, Government Railway Police, Secunderabad Division, Secunderabad 3 The Circle Inspector of Police, Government of Railway Police, kazipet Police STation, Kazipet, Warangal District 4 Sub Inspector of Police, Government of Railway Police Waranal Railway Police STation, Warangal Warangal District .....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 to issue any appropriate writ order or direction preferably a writ in the nature of writ of mandamus declaring the action of the respondents in harassing the petitioner and his family members day in and day out on the alleged ground that the youngest brother of the petitioner B.Satyanarayana escaped from their custody as being arbitrary, illegal, and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents not to harass the petitioner or his family membes on such alleged ground and to pass Counsel for the Petitioner:MR.V.SUBRAHMANYAM Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.21765 of 2008 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in harassing the petitioner and his family members on the alleged ground that the youngest brother of petitioner escaped from Police custody as arbitrary, illegal and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents not to harass the petitioner or his family members. According to the petitioner, he is an employee working in a private organization for the last three decades and as a part of his duties, he has to visit various towns in Telangana and Rayalaseema Regions. Petitioner is the eldest one in the family. His second brother B.Narasaiah working for Railways and third brother Satyanarayana does nothing. All are living separately. On 12.9.2008, petitioner’s mother fell seriously ill and she was admitted in Railway hospital and was undergoing treatment. While so, on 18.9.2008 the fourth respondent came to the hospital and took away his younger brother Satyanarayana to his custody. On 21.9.2008 at about 9 p.m., fourth respondent came to petitioner’s house at Vijayawada. At that time, petitioner was out of station. The fourth respondent asked the whereabouts of petitioner and threatened his family members and took petitioner’s cell phone number. Later, the Police asked the petitioner about the whereabouts of his brother Satyanarayana over phone and stated that his younger brother escaped from Police custody. On 25.9.2008, when the petitioner was at Kamala lodge, Kurnool, the Constables of fourth respondent came to the said Lodge and stated that he should accompany them. Petitioner replied that he is on duty and need not accompany them since he has not committed any crime. According to the petitioner, he does not know where his brother is and whether he has committed any crime or not, but the respondents are threatening him and his family members to speak about his whereabouts. Hence the writ petition. A detailed counter affidavit has been filed by the respondents denying the allegations made by the petitioner as to Police visited the Railway hospital and took his younger brother B.Satyanarayana to their custody. It is also denied that the Police visited the house of petitioner on 21.9.2008 at Vijayawada and asked his family members of his whereabouts and that the Police went to Kamala lodge at Kurnool and asked the petitioner to accompany them. It is stated that the Police never telephoned the petitioner asking him to attend the Police Station. It is further stated that as of now, no complaint is received against the petitioner, therefore question of summoning him to the Police Station does not arise. It is also stated that so far no crime is registered against the brother of petitioner i.e. B.Satyanarayana and that petitioner is not at all required in any of the cases pending or registered on the file of fourth respondent Police Station. It is stated that the Police never visited the house of petitioner at any point of time and as a precautionary measure to prevent the police from taking any action, petitioner rushed to this Court. Recording the above, the writ petition is disposed of directing the respondents not to interfere with the life and liberty of the petitioner without following due process of law. No order as to costs. ____________ C.V.RAMULU, J Date: 18.11.2008 DA THE HON'BLE MR JUSTICE C.V.RAMULU W.P.No.21765 of 2008 18.11.2008