IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL 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 : 7732 of 2008 Between: Manikala Chenchamma, W/o. Polaiah, Anambaka Girijana Colony, Chillakur Mandal, Nellore District. ..... PETITIONER AND 1 The Station House Officer, Kota Police Station, Gudur Division, Nellore District. 2 The Superintendent of Police, Gudur Division, Nellore District. .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that for the reasons stated in the "Telegram" dated 27/03/2008 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 husband namely Manikala Polaiah, aged about 45 years, Girijani has been taken away by the Sub-Inspector of Police by name Sivaiah, Kota Police Station, Gudur Division and produce him, before this Hon'ble Court, who was illegally detained since 24/03/2008 at 01.30 P.M. by the police Kota Police Station, Nellore District, 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: TELEGRAM Counsel for the Respondents: THE ADVOCATE GENERAL The Court at the stage of admission made the following : ORDER: (per Sri A. Gopal Reddy, J) This is a taken up writ petition for issuance of a writ of habeas corpus on the basis of telegram dated 27-03-2008 sent by the petitioner to the Hon’ble the Chief Justice alleging that her husband by name Manikala Polaiah, aged 45 years has been taken away by Sivaiah, Sub-Inspector of Police, Kota Police Station and since then he is in illegal confinement. In response to the notice, Station House Officer, Kota Police Station, Nellore District, the 1st respondent herein filed a counter affidavit along with the statements of the petitioner as well as the alleged detenu recorded by Tahsildar and Executive Magistrate, Kota Mandal, Nellore District wherein they have stated that the alleged detenue was neither detained by the respondent police nor threatened by the Assistant Sub-Inspector of Police. The petitioner has also stated that she is not at all aware of issuance of the telegram to the High Court as well as the State Human Rights Commission on which basis, the State Human Rights Commission called for a report from the Circle Inspector of Police, Wakadu. In view of the same, no adjudication is called for on the telegram sent by the petitioner. Accordingly, the writ petition is dismissed. A.GOPAL REDDY, J R. KANTHA RAO, J 21-04-2008 ks ………... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Kota Police Station, Gudur Division, Nellore District. 2 The Superintendent of Police, Gudur Division, Nellore District. 3 2 CCs to the Advocate General, High Court of Andhra Pradesh, Hyderabad (OUT). 4 2 CD copies.