IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 15072 of 2008 Between: Gudibanda Ameerunnisa, 33/133-3, Mahaboob Basha Street, Rayachoty - 516269, Kadapa District. ..... PETITIONER AND 1 The Station House Officer, III Town Police Station, Nellore District. 2 The Superintendent of Police, Nellore District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that for the reasons stated in the "Telegram" dated 10-07- 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 son of the Petitioner namely Gudibanda Arshad Ali, before this Hon'ble Court, who was illegally detained by the Crime Police of III Town Police Station on 30-06- 2008, 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 : THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.15072 of 2008 ORDER: (per THE HON’BLE SRI JUSTICE K.C.BHANU) This writ petition is taken up at the instance of the petitioner’s telegram, dated 10.07.2008, wherein it is alleged that her son by name Gudibanda Arshad Ali was illegally detained by the Crime Police of III Town Police Station on 30.06.2008. In response to the notice, issued by this Court, the ﬁrst respondent-the Sub-Inspector of Police, III Town Police Station, Sri Pottisriramulu Nellore District, ﬁled a detailed counter-aﬃdavit stating, inter alia, that the alleged detenu is an accused in Crime No.115 of 2008 of I Town Police Station, Sri Pottisriramulu Nellore District, registered for the oﬀence under Section 224 IPC, which was registered basing on the complaint given by the Sub-Inspector of Police, Balajinagar Police Station, Sri Pottisriramulu Nellore District. Thereupon, on 10.07.2008, he was apprehended by the Station House Oﬃcer, Balajinagar Police Station along with his staﬀ, but, he was successful in ﬂeeing away from the clutches of Balajinagar Police and since then he was absconding. Further, it has been speciﬁcally stated that the alleged detenu is arrayed as accused in several other crimes also and that he is not at all wrongfully conﬁned by the first respondent. In view of the categorical denial about the wrongful conﬁnement of the alleged detenu by the ﬁrst respondent, the question of issuing a writ of Habeas Corpus does not arise. For the foregoing reasons, the writ petition is liable to be dismissed and is, accordingly, dismissed, at the stage of admission. However, it is directed that as and when the alleged detenu is arrested, he shall be produced before the competent Court. In the circumstances, there shall be no order as to costs. _______________ D.S.R.VARMA, J ______________ K.C.BHANU, J 29.07.2008 dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Sarpavaram Police Station, Kakinada Rural, East Godavari District. 2 The Superintendent of Police East Godavari District at Kakinada. 3 2CCs to Advocate General, High Court of A.P., Hyderabad. 4 2CD copies