IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 3 of 2009 Between: U.Subramanyam H/o. Ukkadala Vijaya @ Sumathi Venkatagiri, Nellore District. ..... PETITIONER AND 1 The Station House Officer, Police Station, Venkatagiri, Nellore District. 2 The Superintendent of Police, Nellore District. 3 The Principal Secretary, Home Department, Secretariat, Hyderabad. .....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 to issue a writ order or direction more particularly one in the nature of Writ of Habeas Corpus by directing the respondents Nos. 1 and 2, to release the illegally detained Smt.Ukkadala Vijaya @ Sumathi, the wife of the Petitioner, who was taken by police of 1st Respondent P.S. or direct the respondents to produce the said detenue, before this Hon'ble Court and set him at liberty from the hands of the respondent No.1, forthwith and pass such order or orders as deemed fit 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 R. KANTHA RAO WRIT PETITION NO.3 OF 2009 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) This is a taken up writ petition on the basis of the telegram sent by the petitioner dated 24.12.2008 to the Hon’ble Chief Justice alleging illegal detention of his wife namely, Smt.Ukkadala Vijaya @ Sumathi by the Station House Officer, Venkatagiri Police Station, Nellore District. The Sub-Inspector of Police, Venkatagiri Police Station, 1st respondent herein filed an affidavit along with a copy of statement of the alleged detenu recorded by the Mandal Executive Magistrate, Venkatagiri Mandal, Nellore District. The said statement discloses that on the complaint given by none other than the brother-in-law of the petitioner, the alleged detenu and her husband were called to the police station on 24.12.2008 and after enquiry, they were let off on the same day itself and since then, the alleged detenu is moving freely. Inasmuch the statement of the alleged detenu recorded by the Mandal Executive Magistrate, Venkatagi Mandal itself falsifies the contents of the telegram, no further adjudication is called for in this writ petition. Accordingly, the Writ Petition is dismissed. No order as to costs. _________________ (A. GOPAL REDDY, J.) _______________ (R. KANTHA RAO, J.) JANUARY 19, 2009 TSR