IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 5230 of 2008 Between: Golusu Janaki, I.J. Nadiu Colony, Amadalavalasa, Srikakulam District. ..... PETITIONER AND 1 The Station House Officer, Amadalavalasa Police Station, Srikakulam District. 2 The Superintendent of Police, Srikakulam 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 07-03- 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 son-in-law Nimmaka Baskara Rao, and her son Golusu Polayya, before this Hon'ble Court, who are illegally detained since three days by the police Amadalavalasa, Srikakulam District, 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: TELEGRAM Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) This writ petition is taken up on the basis of the telegram dated 07.03.2008 sent by the petitioner to the Hon’ble the Chief Justice alleging that her son-in-law, namely, Nimmaka Baskara Rao, and her son Golusu Polayya are illegally detained by the police Amadalavalasa, Srikakulam District and apprehending danger to their life in the hands of the police. In response to Rule Nisi, the Assistant Sub-Inspector of Police and in-charge S.H.O of Amadalavalasa Police Station, the first respondent herein, filed counter affidavit stating that on the basis of the complaint lodged by one Pydi Satyam, a case in Crime No.121 of 2007 was registered on 17.04.2005 for the offences punishable under Sections 457 and 380 IPC. The alleged detenu No.1 was shown as an accused in the above said crime. In connection with the said crime he was arrested on 7.03.2008 and was produced before the Judicial First Class Magistrate, Amadalavalasa, who remanded him to judicial custody. In pursuance of the remand order, the alleged detenu No.1 was lodged at District Jail, Srikakulam and thereafter, it appears, he was enlarged on bail on 15.03.2008. Whereas alleged detenu No.2 is accused in Crime No.63 of 2008 for the offence under Section 41 Cr.P.C., of Srikakulam II Town Police Station. On 8.03.2008, while alleged detenu No.2 was moving under suspicious circumstances, the Srikakulam II Town Police have arrested him and laid information under Section 109 Cr.P.C before the Mandal Executive Magistrate, Srikakulam. The learned Magistrate treated the information as M.C.No.12 of 2008 and passed the order binding over him for keeping good behaviour and enlarged him on bail after obtaining self-bond from him. The remand report in Crime No.121 of 2007 and the order passed by the Mandal Executive Magistrate in M.C.No.12 of 2008 filed along with the counter affidavit belies the allegation made in the telegram that the police have illegally detained the alleged detenus. Therefore, the Writ Petition is dismissed. ___________________ (A.GOPAL REDDY, J) _____________ (K.C. BHANU , J) 19th March, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Amadalavalasa Police Station, Srikakulam District. 2 The Superintendent of Police, Srikakulam District. 3 2 CCs to the Advocate General, High Court of A.P. Hyderabad(OUT) 4 2 CD copies. Form-NIC-OGS/WP{MJ}