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 TAKEN UP WRIT PETITION No. 11924 of 2008 Between: Ramavath Bhima Naik, S/o. Manthri Naik, Karempudi Thanda, Karempudi Post and Mandal, Guntur District. ..... PETITIONER AND 1 The Station House Officer, Nakarikallu Police Station, Guntur District. 2 The Superintendent of Police, Guntur District. .....RESPONDENT(S) For the reasons stated in the "Petition" dated 31-05-2008 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 son of the Petitioner namely Ramavath Govindu Naik and his two sons namely Anjinaik and Sankara Naik, before this Hon'ble Court, who were illegally taken away by the police personnel of Nakarikallu Police Station, Guntur District on 25-05-2008 evening, apprehending danger to their lives and set them 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 : LETTER 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.11924 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 petition, dated 31-05-2008, sent by one Ramavath Bhima Naik, s/o. Manthri Naik, resident of Karempudi Thanda, Karempudi Post and Mandal, Guntur District, to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, seeking production of his son viz., Ramavath Govindu Naik, and grand-sons viz., (1) Anjinaik and (2) Sankara Naik, before this Court, who were illegally taken away by the police of Nakarikallu Police Station, Guntur District, on 25-05-2008 evening, and that he is apprehending danger to their lives. 3. A counter affidavit has been filed by the Sub-Inspector of Police, Nakarikallu Police Station, representing the first respondent herein, stating inter alia that the alleged detenus were Accused Nos.3, 2 and 1, respectively, in Crime No.61 of 2008 for the offences punishable under Sections 384, 392, 120-B, 114, read with Section 34 of Indian Penal Code and under Section 25 (1) of Arms Act, of Nakarikallu Police Station, Guntur District, which was registered on 28-05-2008 basing on a complaint given by one Kondakrindi Peda Venkata Reddy of Gundlapalli village, Nakarikallu Mandal. It is stated that the alleged detenus were arrested on 03-06-2008 in connection with the above said crime and produced before the II Additional Junior Civil Judge, Narasaraopet, who inturn remanded them to judicial custody. Pursuant to the said remand order, the alleged detenus were lodged at Sub-Jail, Narasaraopet. It is also stated that the factum of arrest of the alleged detenus was intimated to the wife of detenu No.3 under acknowledgement and when the alleged detenus were produced before the learned Judge, they did not complain about their illegal detention and the alleged 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, Nakarikallu Police Station, Guntur District. 2 The Superintendent of Police, Guntur 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.11924 of 2008 25-06-2008 (Msr)