IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 23830 of 2008 Between: Smt. K. Bhuprada, W/o. K. Durga Prasad, S/o. Mallaiah, R/o. MIG- 1097, II Phase, BHEL, RC Puram, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Thandur Police Station, Adilabad District. 2 The Superintendent of Police, Adilabad. .....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 For the reasons stated in the "Fax Message" dated 24-10-2008 sent by the Petitioner herein, this Hon'ble Court may be pleased to issue an Order, direction, or a Writ, more particularly one in the nature of Writ of Habeas Corpus directing the Respondents herein to produce the husband of the Petitioner herein namely K. Durga Prasad, before this Hon'ble Court, who was illegally detained by the police of Adilabad on 15-10-2008 at 08.30 P.M., apprehending danger to his life and set him at liberty forthwith and to pass such other or further orders as this Hon'ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: FAX MESSAGE Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following : ORDER: (Per the Hon’ble Sri Justice A. Gopal Reddy) The fax message sent by the petitioner, dated 24.10.2008 to the Hon’ble the Chief Justice alleging that her husband was illegally detained by the police of Adilabad on 15.10.2008, and apprehending danger to his life, was taken up as writ petition. On issuing notice, the Sub-Inspector of Police, Thandur Police Station, Adilabad District ﬁled counter aﬃdavit stating that on the complaint given by one Engandula Suresh R/o. Pochampally, Thandur Mandal, the police, Thandur Police Station, registered a case in Crime No.61 of 2008 for the oﬀence under Section 420 IPC, where in the alleged detenu was arrayed as accused No.1 and the petitioner being the wife of the alleged detenu was also arrayed as accused No.2. In connection with the above crime, the alleged detenu was arrested on 30.10.2008 and after following due procedure, he was produced before the Judicial First Class Magistrate, Asifabad, Adilabad District. On such production, the learned Magistrate sent the alleged detenu to judicial custody, and pursuant to the said remand, the alleged detenu was lodged at Sub Jail Asifabad, Adilabad District. The writ petition is ﬁled only to avoid arrest of the alleged detenu. Having regard to the facts and circumstances, we do not see any merit in the fax message sent by the petitioner alleging that the alleged detenu was illegally detained. Accordingly the Writ Petition is dismissed. _____________________ (A.GOPAL REDDY, J.) _________________ (R. KANTHA RAO, J.) 17th November, 2008 Js.