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2010 Supreme(AP) 417

B.PRAKASH RAO, R.KANTHA RAO
Boya Nallabothula Venkateswarlu – Appellant
Versus
The Circle Inspector of Police Nandikotkur – Respondent


Advocates appeared:
For the Petitioners:Sri C. Praveen Kumar, Advocate. For the Respondents: G.P. for Home.

JUDGMENT :-

(R. Kantha Rao, J)

1. This writ appeal is filed against the order passed by the learned Single Judge in W.P.No.6195 of 2002.

2. The appellants filed the writ petition for issuance of a writ in the nature of mandamus directing the respondents to pay suitable compensation to them for falsely implicating them in Crime No.100 of 2001 of Miduthuru Police Station, District Kurnool and thereafter arresting them and illegally detaining them in prison for 32 days alleging commission of murder punishable under Section 302 of IPC which ultimately proved to be false when it was made known that the said deceased Thotabaija Pedda Lakshmaiah was in fact alive and was produced by the petitioners’ counsel before the Principal Sessions Judge, Kurnool.

3. The said writ petition was heard and disposed of by the learned single Judge who dismissed the same on the ground that the subject matter of writ petition involves detailed enquiry in to the questions of fact and evidence and a direction issuing writ of mandamus by invoking Article 226 of Constitution of India could not be made.

4. The said order is challenged in the present writ appeal by the appellants who filed the writ petition before










































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