IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF APRIL 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 : 7906 & 8431 of 2009 W.P.No.7906/2009 Between: Batchu Ravindra Kumari, W/o. Nagaraju @ Changi, New Colony, Cherala, Prakasam District. ..... PETITIONER AND 1 The Station House Officer, General Railway Police Station, Guntur, Guntur District. 2 The Circle Inspector of Police, General Railway Police Station, Guntur, Guntur District. 3 The Superintendent of Police, General Railway Police, Vijayawada, Krishna District. .....RESPONDENTS 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 issue any writ, order or direction more particularly one in the nature of Writ of Habeas Corpus direct the respondents to produce the detenues namely 1. Batchu Nagaraju @ Chanti, S/o. Venkata Raman, 37 years, 2. Batchu Barath, S/o. Chennakesavarao, aged 20 years and 3 Vuyyala Murali, S/o. Nageswara Rao, aged 22 years, all are residence of New Colony, Cherala, Prakasam District, before this Hon'ble Court and set them at liberty in the interest of justice Counsel for the Petitioner: MR.P.NAGENDRA REDDY Counsel for the Respondent No.: THE ADVOCATE GENERAL WRIT PETITION NO : 8431 of 2009 Between: Smt. Batchu Ravindra Kumary, W/o. Batchu Nagaraju @ Chanti, Chirala, Prakasam District. ..... PETITIONER AND 1 The Station House Officer, General Railway Police Station, Guntur, Guntur District. 2 The Superintendent of Police, Guntur District. 3 The Superintendent of Police, Prakasam District. .....RESPONDENTS 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 16-04- 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 Petitioner's husband namely Batchu Nagaraju @ Chanti, before this Hon'ble Court, who was illegally detained since 10-04-2009 at about 2.15 A.M. (Early hours) by the General Railway Police, Guntur 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 Respondents: THE ADVOCATE GENERAL The Court made the following : COMMON ORDER: (per Hon’ble Sri Justice A. Gopal Reddy) The petitioner sent a telegram dated 16.04.2009 to the Hon’ble the Chief Justice alleging that her husband, namely, Batchu Nagaraju @ Chanti, has been illegally detained by the General Railway Police, Guntur since 10.04.2009, and apprehending danger to his life. She also filed a petition for issuance of writ of Habeas Corpus for production of alleged detenus, namely, 1) Batchu Nagaraju @ Chanti, 2) Batchu Barath and 3) Vuyyala Murali, before this Court alleging that the respondents came along with 40 constables, blasted the teak wood door and entered into the house and forcibly taken away her husband and his relatives and detained in the first respondent Police Station. The counter affidavit filed by the first respondent discloses that the alleged detenus 1 and 3 are accused in Crime No.48 of 2009 for the offence punishable under Section 379 IPC. In connection with said crime they were arrested on 21.04.2009 by the Tenali Railway Police, and were produced before the II Metropolitan Magistrate, Railways, Vijayawada. On such production the learned Magistrate remanded them to judicial custody and they were lodged at Sub Jail, Vijayawada. The alleged detenus 2 is accused in Crime No.52 of 2009 for the offence under Section 41(2) Cr.P.C. of Tenali Railway Police Station. In connection with the said crime, he was taken into custody and was produced before the Mandal Executive Magistrate, Tenali on 22.04.2009 and after executing a bond for maintaining good behavior for a period of six months he was let off on the same day. In view of the fact that the alleged detenus were arrested in connection with the crimes registered against them and after obtaining lawful orders the alleged detenus 1 and 3 were lodged in Sub-Jail Vijayawada, and that the alleged detenus 2 has been released on bail after obtaining a bond, the cause in the writ petition does not survive. Accordingly, these writ petitions are dismissed. ___________________ (A.GOPAL REDDY, J.) _____________ (K.C. BHANU, J.) 30th April, 2009 Js.