IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTEENTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH and THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 9227 of 2008 Between: Smt. Gokari, W/o. Ramakrishna, Saibaba Sanjeevaiah Nagar, Kurnool. ..... PETITIONER AND 1 The Station House Officer, Kurnool, Kurnool District. 2 The Superintendent of Police, Kurnool. .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that for the reasons stated in the "Fax Message" dated 18-04-2008 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 Petitioner's husband by name Sri M. Ramakrishna, who was arrested by II Town Police, and also Mr. Banala Thimmappa, S/o. Harischandrudu of Saibaba Sanjeevaiaah Nagar, Kurnool, who was arrested and Petitioner's mother by name Madamma and B. Sunkulamma i.e. mother of Thimmappa, before this Hon'ble Court, who were illegally detained since 28/03/2008, 29/03/2008 & 18/04/2008 respectively by the II Town Police, Kurnool , 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: FAX MESSAGE Counsel for the Respondents: THE ADVOCATE GENERAL The Court at the stage of admission made the following : ORDER: (per Sri C.V. Nagarjuna Reddy, J) Telegram dated 18-04-2008 received by this Court is entertained as a writ petition and notice has been given to the respondents. In response to the notice, Inspector of Police, II Town Police Station, Kurnool filed a counter affidavit in which it is stated that the detenues Madamma and B. Sunkulamma were not detained, but their statements were merely recorded. With respect to Banala Thimmappa, it is mentioned that Crime Nos. 73 and 82 of 2008 were registered against him and that he is in judicial remand. It is further stated that M. Ramakrishna and Banala Thimmappa, alleged detenue Nos. 1 and 2 are accused Nos.2 and 3 in Crime No.192 of 2007 of III Town Kurnool Police Station and charge sheet has been filed which was taken on record as C.C No. 357 of 2008 on the file of Judicial First Class Magistrate, Kurnool and that detenue No.1, Ramakrishna is continuously unavailable at his residence for producing him before the Tahsildar-cum-Mandal Executive Magistrate. It is further stated that alleged detenue No. 2 Banala Thimmappa was arrested and remanded to judicial custody. Having regard to the stand taken in the counter affidavit, we are of the view that no further orders are required in this writ petition. The writ petition is accordingly disposed of. G.CHANDRAIAH, J C.V.NAGARJUNA REDDY, J Dated: 14-05-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Kurnool, Kurnool District. 2 The Superintendent of Police, Kurnool. 3 2CCs to the Advocate General, High Court of Andhra Pradesh, Hyderabad (OUT). 4 2CD copies