IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH 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.13049 of 2008 Between: T.S. Reddy, 9-220, New Gayatrinagar, Karmanghat, Hyderabad. ..... PETITIONER AND The Superintendent of Police, Guntur, Guntur District. .....RESPONDENT For the reasons stated in the "Telegram" dated 17-06-2008 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 Mandamus directing the Respondents herein to produce the son of the Petitioner herein, namely Tuma Maheswara Reddy, S/o.T.S.Reddy, before this Hon'ble Court, who was forcibly taken away by the Police Personnel of Guntur at 2.30 A.M on 17-06-2008 on the instructions of the Superintendent of Police, Guntur and detained on the ground of look out notice and kept under wrongful confinement, which amounts to illegal confinement and consequently to 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 Respondent : GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.13049 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned Assistant Government Pleader, representing the learned Government Pleader for Home, appearing for the respondent. 2. This writ petition is taken up basing on a telegram, dated 17- 06-2008, sent by one Sri T.S. Reddy, resident of 9-220, New Gayatrinagar, Karmanghat, Hyderabad, to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, seeking Writ of Mandamus, directing the respondents to produce his son viz., Tuma Maheswara Reddy, S/o.T.S.Reddy, before this Court, who was forcibly taken away by the Police personnel of Guntur at 2.30 a.m., on 17-06-2008 on the instructions of the Superintendent of Police, Guntur, on the ground of look out notice, and kept him under wrongful confinement. 3. A counter affidavit has been filed by the Sub-Inspector of Police, Woman Police Station, Guntur, stating inter alia that the alleged detenu is an accused in two criminal cases i.e., (1) Crime No.17 of 2008 for the offence punishable under Section 498-A of Indian Penal Code (for brevity “I.P.C.”) read with Section 4 of Dowry Prohibition Act, of Pattabhipuram (Law and Order) Police Station; and (2) Crime No.26 of 2008 for the offence punishable under Section 353 I.P.C., of Nagarampalem (Law and Order) Police Station. After completion of investigation, charge sheets were filed in the respective cases and the same were taken on file by the Court concerned in C.C.Nos.88 and 230 of 2008, respectively, and in both the cases, the son of the petitioner was facing trial. It is further stated that the petitioner and his wife were also shown as Accused Nos.2 and 3, respectively, in Crime No.17 of 2008 for the offence punishable under Section 498-A read with Section 4 of Dowry Prohibition Act. It is also stated that during the course of investigation in Crime No.17 of 2008, the son of the petitioner was arrested on 29-01-2008 along with the petitioner and his wife and remanded to judicial custody, and subsequently they were enlarged on bail. It is also stated that in view of the pendency of the trial in both the criminal cases, the Superintendent of Police, Guntur District, has addressed a letter C.No.315/SB-VII/2008, dated 09-04-2008, to the Joint Director (Immigration) and Ministry of Home Affairs, New Delhi, requesting to issue look out notice against the accused in both the crimes, since there were chances of leaving India. Consequently, on 17-06-2008, the Incharge Administrative Officer, Rajiv Gandhi International Airport, Shamshabad, Hyderabad, has sent a Fax message and requested to take necessary action in this regard. It appears, the son of the petitioner was arrested on 29-01-2008 and later released him directing him not to leave India till completion of the trial or with the permission of the Court. 4. In view of the fact that the petitioner himself and his wife are accused in a criminal case along with the alleged detenu, we are of the opinion that giving telegrams of this nature, to this Court, is nothing but wasting the precious time of the Court and in order to have undue advantage from the Court. In a way, this is absolutely a frivolous way of approaching the Courts. 5. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed. 6. With the above observations, the writ petition is dismissed, at the stage of admission, with costs of Rs.1,000/- (Rupees one thousand only). 7. Registry is directed to mark a copy of this order to the petitioner. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 14-07-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Superintendent of Police, Guntur, Guntur District. 2. 2 CCs to the Government Pleader for Home, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 3. 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.13049 of 2008 14-07-2008 (Msr)