ORDER (Per A. Gopal Reddy, J.)

The telegram dated 16.3.2007 sent by one Sri B.V.S.P. Choudary, claiming himself to be the president of All India Credit Card Members Association, A.P. Unit, Hydrabad to the Hon'ble the Chief Justice of this Court complaining that the recovery gundas/representatives of HDFC Bank have illegally detained Prof. C.L.N. Murthy, Scientist, IICT, Uppal, Hyderabad and that the Station House Officers of Mahankali Police Station and Chikkadapalli Police Station have illegally acted in that regard, was taken up as Writ Petition.

2. The petitioner has sent two telegrams on 16.3.2007. The contents of the telegrams are that the petitioner has received a phone call from Prof. C.L.N. Murthy, Scientist at IICT Uppal stating that some recovery gundas/representatives of HDFC Bank followed him from his residence and forcibly kidnapped him and to rescue him, that recovery gundas had brought C.L.N. Murthy to Mahankali Police Station, that on his (petitioner) telephoning to the police service, he was asked to contact the Mahankali P .S, that he went to Mahankali Police Station and met C.L.N. Murthy to rescue him from the clutches of police, that Sri P. Narayana, the Circle Inspector of Police, Mahankali Police Station colluded with the HDFC recovery gundas and forced him to sign on blank and written papers, that when he enquired the C.!. of Police, Mahankali P.S, he abused him in filthy language and threatened him by taking out his service revolver stating that he will encounter him and nobody can do anything as he is co-brother of Minister Marappa and pushed him out of the police station, that after half an hour, he received a call from Murthy stating that he has been taken to Chikkadapalli Police and he does not know the whereabouts of Murthy and, therefore, prayed to take suitable action against the concerned and to protect the life of the alleged detenu and his family members.

3. In response to the Rule Nisi, Sri M. Narayana, Inspector of Police, Mahankali Police Station filed a counteraffidavit denying the allegations that Sri C.L.N. Murthy was kidnapped by the recovery gundas of HDFC bank and handed over him and also the police forcing the petitioner as well as the scientist to sign on blank papers and he colluding with the recovery gundas of HDFC bank and threatening the petitioner to kill in an encounter by pointing out his service revolver. It is further averred that no case whatsoever was registered at their Police Station against the bank authorities by Sri C.L.N. Murthy nor the HDFC bank authorities approached the police to lodge a complaint against Sri C.L.N. Murthy. Sri C.L.N. Murthy himself approached the police station and orally stated that he has to pay some dues to the HDFC bank and for recovery of the same, the bank authorities are harassing him and requested to take necessary action. As the alleged offence falls within the limits of Chikkdapally Police Station, Sri C.L.N. Murthy was advised to approach the 2nd respondent for taking necessary action and accordingly on the complaint of Sri Murthy, a case was registered against the HDFC bank authorities and investigated into.

4. The Sub-Inspc:ctor of Police, Mahankali Police Station, Secunderabad also filed a counter stating that a case in Cr.No.148 of 2007 under sections 448, 384, 342, 323 and 506 IP.C was registered on the file of Chikkadapally Police Station and the same is ending investigation.

5. The learned Government Pleader for Home submitted that the police after completion of the investigation into the case laid charge sheet against the persons accused in the crime before the competent Magistrate having jurisdiction over the matter.

6. Sri Nalin Kumar, learned counsel appearing for the impleaded respondent NO.7 - Reserve Bank India, submitted that on coming to know of the harassment being meted out to credit card holders of various banks at the hands of the representatives employed by the banks, necessary guidelines have been issued by the Reserv

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