IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.11854 of 2008 Between: Pasupuleti Lakshmamma, D.No.11-16-22/29, Near S.S.N. College Hostel, Near Ramireddypeta, Narasaraopeta, Guntur District. ..... PETITIONER AND 1 The Station House Officer, Kurichedu Police Station, Prakasam District. 2 The Superintendent of Police, Prakasam District. .....RESPONDENT(S) For the reasons stated in the Telegram, dated 25-05-2008, 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 Petitioner's grand sons namely (1) Pasupuleti Paradasaradhi, aged 18 years and (2) Pasupuleti Eswararao, aged 15 years, before this Hon'ble Court, who are illegally and forcible taken away by the police, Praksam District one Malapati Venkata Krishnaiah of Kurichedu, apprehending danger to their lives and set them at liberty forthwith. Counsel for the Petitioner : TELEGRAM Counsel for the Respondents : THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.11854 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is taken up basing on a telegram, dated 25-05-2008, sent by one Ms. Pasupuleti Lakshmamma, resident of D.No.11-16-22/29, Near S.S.N. College Hostel, Near Ramireddypeta, Narasaraopeta, Guntur District, to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, seeking production of her grand sons viz., ( 1 ) Pasupuleti Paradasaradhi, aged 18 years, and (2) Pasupuleti Eswararao, aged 15 years, before this Court, who were illegally and forcibly taken away by the police of Kurichedu Police Station, Prakasam District, and that she is apprehending danger to their lives. 3. A counter affidavit has been filed by the Assistant Sub-Inspector of Police and incharge Station House Officer, Kurichedu Police Station, representing the first respondent herein, stating inter alia that the alleged detenus were Accused Nos.4 and 5, respectively, in Crime No.18 of 2008 for the offences punishable under Sections 417, 420 of Indian Penal Code, of Kurichedu Police Station, Prakasam District, which was registered on 21-05-2008 basing on a complaint given by one Malapati Venkata Krishnaiah of Kurichedu village. It is stated that the alleged detenus were arrested on 29-05-2008 in connection with the above said crime and produced before the Judicial First Class Magistrate, Darsi, who inturn remanded them to judicial custody. Subsequently, they were enlarged on regular bail by the learned Magistrate. It is also stated that when the alleged detenus were produced before the learned Magistrate, they did not speak about the ill-treatment or harassment by the police. 4. Having regard to the facts stated in the counter affidavit, the question of illegal detention does not arise. 5. For the foregoing, we do not find any merit in the writ petition and the same is liable to be dismissed. 6. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 25-06-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Kurichedu Police Station, Prakasam District. 2 The Superintendent of Police, Prakasam District. 3. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 4. 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.11854 of 2008 25-06-2008 (Msr)