IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 11535 of 2002 Between: Maqbhool Baig S/o Musthafa Baig R/o C/o Pasha Miya, H.No. 18-8-450/33, Kumarwadi Colony, Razaanagar, Edibazar, Yakuthpura, Hyderabad-33. ..... PETITIONER AND 1 The State of A.P., Rep. by its Principle Secretary, Home Department Secretariat, Hyderabad. 2 Director General of Police, A.P., Hyderabad. 3 Superintendent of Police, Ranga Reddy District, Lakdikapool, Hyderabad. 4 The State House Officer, Uppal Police Station, Uppal, Ranga Reddy 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 an appropriate Writ or order or direction under Article 226 of the Constitution of India, particularly one in the nature of Writ of MANDAMUS, directing the respondents to cause an enquiry by the District Judge and take appropriate action against the persons responsible and direct the respondenrts to pay compensation after calling for the records and to pass Counsel for the Petitioner:MR.PRATTIPATI VENKATESWARLU Counsel for the Respondent No.: GP FOR HOME The Court made the following : Form-NIC-OGS/WP{SRAVAN} THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO.11535 OF 2002 ORDER: It is the case of the petitioner that he was taken to Uppal Police Station on 12-06-2002 at 1.00 PM., from his tailoring shop known as Select Fashion Shop, Abids, Hyderabad in the presence of his co-workers and beaten with rubber lone pieces and subjected to torture for three days continuously. It is stated that he can identify the constables who beat him in the presence of the Circle Inspector of Police. He became unconscious and he was taken to a private hospital and treated there and brought back to the police station. When he was in the police custody, his wife, elder brother, sister-in-law, mother-in-law and other relatives came to the police station, but they were not allowed to see him. The secretary of PUCL, Andhra Pradesh Smt.Jaya Vindhyala visited the Police Station and enquired about his illegal custody and torture and thereafter he was let off from the police custody on 14-6-2002. Thus it is the case of the petitioner the he was taken to the police station on 12-6-2002 and in spite of making representations to the authorities, he was not let off and was in illegal custody for three days. Therefore, he seeks to issue a writ of mandamus directing the respondents to cause an enquiry by the District Judge and take appropriate action against the persons responsible and pay compensation to him. A counter has been filed by the Station House Officer, Uppal Police Station, stating that with regard to Crime No.271 of 2002 for the offence under Section 302 of the Indian Penal Code, a case was registered on 9-6-2002 and investigation was taken up. As the petitioner’s involvement was suspected, he was called to the police station on 14-6-2002 for the purpose of enquiry and after causing enquiry, he was let off on the same day itself. It is stated that he was not at all detained in the police station and not at all taken him to the custody or taken to the police station from the tailoring shop as alleged by the petitioner. It is stated that the petitioner and one V.Jagadish Babu are the co-workers and close friends of the deceased who was working as a tailor in the shop called “New Select Fashion” and on suspicion only, the petitioner was called to the Police Station and after enquiry, as his involvement was not established, he was let off on the same day. The petitioner was not at all confined illegally in the police station for about three days. In fact, the wife of the petitioner filed a Habeas Corpus petition in W.P.No.11173 of 2002 and a counter has been filed in the said writ petition, stating that the petitioner is a suspect in Crime No.271 of 2002 and as he was required for the purpose of enquiry, he was enquired on 14-6-2002 and let off on the same day. In view of the denial of the allegations made in the writ petition and in the Habeas Corpus petition that he was not at all tortured and in fact, the petitioner was not at all illegally detained, the disputed questions of fact cannot be decided in this writ petition. The writ petition is accordingly dismissed. However, it is always open for the petitioner to make a private complaint about the illegal and excess acts of the respondents and take appropriate action in accordance with law. ________________ V.ESWARAIAH,J Date:18-06-2008 Shr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The State of A.P., represented by its Principal Secretary, Home Department, Secretariate, Hyderabad. 2. The Director General of Police, A.P., Hyderabad. 3. The Superintendent of Police, R.R.District, Lakdikapool, Hyderabad. 4. The Station House Officer, Uppal Police Station, Uppal, R.R.District. 5. 2 CCs to 6. 2 CD copies.