IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 25001 of 2005 Between: M.A. Gaffar, S/o. M.A. Razak, Doma Police Station, R/o. Yennapalli Village, Vikararabad Mandal, Ranga Reddy district. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad. 2 The Director General of Police, Government of Andhra Pradesh, Lakdi-ka-pool, Hyderabad. 3 The Superintendent of Police, Vikarabad, Ranga Reddy District 4 The Sub Divisional Police Officer, Vikarabad, Ranga Reddy District. 5 The Station House Officer, Police Station, Vikarabad, Ranga Reddy District. .....RESPONDENTS 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 pass an order or direction or writ under Article 226 of the Constitution of India, more particularly one in the nature of Writ of Mandamus declaring the action of respondent Nos 3 to 5 in highhandedly harassing the Petitioner and his family members, by implicating in criminal cases for no fault of them, as bad, arbitrary, illegal unjust and unconstitutional and consequently direct the respondents not to interfere with the peaceful day to day life of the Petitioner and his family members and to provide protection to the Petitioner and his family members and pass such other and further order or orders, as this Hon'ble Court may deemfit and proper in the circumstances of the case, in the interest of justice. Counsel for the Petitioner:MR.C.DAMODAR REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO : 25001 of 2005 ORDER: It is the case of the petitioner that he is the resident of Yennepalli village, Vikarabad Mandal, Rangareddy District and working as Head Constable in Doma Police Station. While working at Vikarabad, himself and other police constables and Head Constables and other staff of the Police Department in the District formed a housing society and he was elected as Secretary. They purchased 30 acres of land from the pattedars situated at Yennepalli village, Vikarabad Mandal. Though the society was formed for the benefit of the lower rank officers, the third respondent bore grudge against him and transferred him to Doma Police Station. It is the case of the petitioner that the activities of the Housing Society is the purchase, distribution and allotment of plots and it is nothing to do with the discharge of official duties by the petitioner, but he was implicated in Crime No.216 of 2005 on the file of Vikarabad Police Station without any justification and accordingly, he seeks to issue a writ of mandamus, declaring the action of the respondents 2 to 5 in harassing him and his family members by implicating him in criminal cases for no fault of them as arbitrary and illegal. It is stated that the petitioner made a representation dated 18-6- 2005 to the Director General of Police and the same has not been considered and disposed of. A counter has been filed stating that the representation of the petitioner was already considered and disposed of. With regard to the other allegations, it is stated that on a complaint lodged against the petitioner in Crime No.216 of 2005 on the allegation that the petitioner collected amount from 28 police constables for the purpose of forming Co-operative Housing Society and purchased land in Vikarabad Town and registered the same in his own name without forming any Co-operative Housing Society and kept on mis-leading the colleague constables, stating that the layout is pending for the approval of Director of Town Planning etc., and in July, 2005 taking advantage of the rising prices, he sold away the land fraudulently for Rs.24,00,000/- (Rupees twenty four lakhs only). The petitioner obtained anticipatory bail in the said crime and he was absent from 3-7-2005 and was declared as deserter till the date of filing of counter. It is stated that he left Vikarabad with his family and not living in Rangareddy District. It is stated that except registering the case and investigating the same, there was no any kind of interference with the day-to-day life of the petitioner. Pursuant to the complaint only, criminal law has been set in motion and investigation has been taken up in the natural course. Having regard to the facts and circumstances of the case, there was no any high-handed action on the part of the respondents 3 to 5 or any sort of harassment or implication of the petitioner in the criminal case. Whether the petitioner was implicated or whether he has not committed any offence is to be established after the final report is filed before the appropriate Court. The writ petition is dismissed accordingly. No costs. ________________ V.ESWARAIAH,J Date:19-06-2008 Shr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Secretary, Government of Andhra Pradesh, Home Department, Secretariat, Hyderabad. 2 The Director General of Police, Government of Andhra Pradesh, Lakdi-ka-pool, Hyderabad. 3 The Superintendent of Police, Vikarabad, Ranga Reddy District 4 The Sub Divisional Police Officer, Vikarabad, Ranga Reddy District. 5 The Station House Officer, Police Station, Vikarabad, Ranga Reddy District. 6. 2CCs to 7. 2CD copies