IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 7905 of 2009 Between: Kalivarapu Subhashini, W/o. Maheswararao, Amadalavalasa. ..... PETITIONER AND 1 The Station House Officer, Gajuawaka Police Station, Visakhapatnam District. 2 The Superintendent of Police, Visakhapatnam. .....RESPONDENT(S) 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 "Telegram" dated 09-04-2009 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 namely Maheswararao, Jewllary Merchant, before this Hon'ble Court, who was illegally taken away by the police of Gajuwaka, Visakhapatnam on 09-04-2009 at 12.00 noon and 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 Respondent No.: THE ADVOCATE GENERAL The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No. 7905 OF 2009 ORDER: (Per Hon’ble Sri Justice K.C. Bhanu) This writ petition has been taken up at the instance of the petitioner’s telegram dated 9.4.2009 wherein it is alleged that petitioner’s husband by name Maheshwara Rao was illegally taken away by police of Gajuwaka, Visakhapatnam on 9.4.2009 and it is further alleged that the respondent-police are demanding the petitioner to pay Rs.5 lakhs for the release of her husband. In pursuance of the notice, the Inspector of Police, Gajuwaka Police Station, Visakhapatnam City, 1st respondent herein filed an affidavit denying the allegations of the telegram and stated that as of now, no case has been registered or pending against the alleged detenu before the 1st respondent police, but on enquiry, it came to light that the Station House Officer of Sarpavaram Police Station, Kakinada visited the shop of the alleged detenu on 9.4.2009 for the purpose of making an enquiry in connection with the crime pending before the said police station and after interrogation, the alleged detenu was let off and as on today, he is moving freely. The 1st respondent police also made a requisition to the Mandal Executive Magistrate, Amadalavalasa in whose jurisdiction, the alleged detenu was residing and his statement was recorded by the Mandal Executive Magistrate on 23.4.2009. The statement of the alleged detenu recorded by the Mandal Executive Magistrate, Amadalavalasa is filed along with the affidavit, which form part of the record. The said statement clearly goes to show that the alleged detenu was moving freely in the village. Therefore, as the husband of the petitioner was not detained illegally or wrongfully, the question of issuing writ of habeas corpus does not arise. The writ petition is accordingly dismissed. No order as to costs. _________________ (A. GOPAL REDDY, J.) _______________ (K.C. BHANU, J.) MAY 01, 2009 TSR