IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY 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. 14279 of 2008 Between: Arjala Satyavathi ..... PETITIONER AND 1 The Station House Officer, III Town Police Station, Visakhapatnam. 2 The Superintendent of Police, Visakhapatnam. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 01-07-2008 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 Arjala Ganesh Kumar, before this Hon'ble Court, who was illegally detained since yesterday by the police of III Town Police Station, Visakapatnam, 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 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.14279 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is initiated at the instance of the petitioner’s telegram, dated 01-07-2008, wherein it is alleged that the son of the petitioner viz., Arjala Ganesh Kumar, was illegally detained by the police of III Town Police Station, Visakhapatnam, since 30-06-2008, and that she is apprehending danger to his life. 3. A counter affidavit has been filed by the Inspector of Police, III Town Police Station, Visakhapatnam, representing the first respondent herein, stating that the alleged detenu was involved in five crimes viz., Crime Nos.592 of 2006, 600 of 2006, 607 of 2006, 608 of 2007 and 614 of 2006 pertaining to IV Town Police Station, Visakhapatnam. He was called to first respondent Police Station on 29-06-2008 for the purpose of enquiry in connection with Crime No.320 of 2007 of III Town Police Station, Visakhapatnam, registered for the offence punishable under Section 457 and 380 I.P.C., and let off on the same day and he was now moving freely by attending to his day-today works. Further, on the requisition made by the first respondent police, the Mandal Executive Magistrate, Visakhapatnam Urban, recorded the statement of the alleged detenu on 05-07-2008 wherein he stated that at no point of time, the first respondent police have illegally detained him. 4. In view of the categorical statement made by the first respondent in the counter affidavit, when the alleged detenu was moving freely and when he was not illegally detained or wrongfully confined, the question of issuing Writ of Habeas Corpus does not arise. 5. For the foregoing, there are no merits 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 21-07-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, III Town Police Station, Visakhapatnam. 2 The Superintendent of Police, Visakhapatnam. 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.14279 of 2008 21-07-2008 (Msr)