IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 15598 of 2008 Between: Mohd. Hussain S/o. Sri Nanne Saheb R/o. Near Old APSRTC Bus Depot, Kothagudem. ..... PETITIONER AND 1 The Station House Officer, Narayankhed Police Station, Medak District. 2 The Superintendent of Police, Medak District at Sangareddy. 3 The Director General of Police, Lakdi-ka-Pul, 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, order or direction more particularly one in the nature of Writ of Mandamus: (i) to declare the action of the first respondent Police in taking the petitioner from Kothagudem to the first respondent Police Station on 28.06.2008 and detaining him for three days and forcibly obtaining his signatures on some papers at the instance of Md. Basheer S/o. Aziz, Moin Qureshi S/o. Gunnu Saheb and Satyanarayana, all residents near By-pass Road, Narayankhed, and harassing him as illegal, arbitrary, unjust and without any authority under law; and (ii) to consequently direct the respondent Police not to harass the petitioner or detain the petitioner. Counsel for the Petitioner:MR.NANDIGAM KRISHNA RAO Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU W.P. No. 15598 of 2008 O R D E R: This writ petition is filed seeking a Mandamus to declare the action of 1st respondent in taking the petitioner from Kothagudem to 1st respondent Police Station on 28.6.2008, detaining him for three days and forcibly obtaining his signatures on some papers at the instance of Md. Basheer s/o Aziz, Moin Qureshi s/o Gunnu Saheb and Satyanarayana, all residents near By-pass road, Narayankhed, and harassing him as illegal and arbitrary; consequently to direct the respondents not to harass the petitioner. It is the case of the petitioner that he is dealing with the business of cows and buffalos. He is residing near APSRTC Bus Depot, Kothagudem. His brother-in-law by name Mohammed Osman entered into an agreement with Mohd. Basheer, Moin Qureshi, Gunnu Saheb and Satyanarayana in relation to the property located at Narayankhed. He was present there at that particular point of time at his sister’s house and his signatures were obtained on the agreement as a witness. It appears, some disputes arose between his brother-in-law and the said agreement holders, who, in turn, started harassing the petitioner on the ground that he signed the agreement as a witness. Further, at the instance of the said agreement holders, the 1st respondent came in a private vehicle on 28.6.2008 at 11.00 a.m. and took him to the police station, where he was detained for three days, harassed, abused, assaulted and his signature was obtained on some white papers. He was released on the third day i.e. 30.6.2008 at 7.00 p.m. After that, he approached the Police, Kothagudem and informed about the incident, but they did not care to record his statement, though they are bound to do so in terms of Section 154 Cr.P.C. Thereafter, the petitioner has been receiving anonymous calls, claiming to be the police of 1st respondent police station and the agreement holders, demanding to repay the amounts. Police also are calling and harassing him in this regard. Hence, this writ petition. A detailed counter affidavit has been filed by 1st respondent stating that one Osman had filed a private complaint under Section 200 Cr.P.C. before the Court of Judicial First Class Magistrate, Narayankhed against the petitioner and two others for the offences punishable under Sections 120(a), 341, 344, 346, 347, 365, 383, 384, 385, 386 and 420 IPC. On receipt of the said complaint, the learned JFCM has forwarded it to respondent No.1 for investigation and report under Section 156 (3) Cr.P.C. The respondent No.1 registered it as a case in Cr.No.67 of 2008 for the said offences and took up investigation. Except recording the 161 Cr.P.C. statement, the petitioner was never called to the police station nor he was harassed and this writ petition is filed with a view to prevent the police from taking any action against the petitioner in future. In the facts and circumstances of the case and in view of the averments made in the counter affidavit, the writ petition is disposed of directing the respondents not to harass the petitioner or call him to the police station, without following the due process of law. No order as to costs. C.V. RAMULU, J. Date: 18-12-2008. MVB.