IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 2345 of 2008 Between: Nammi Sankaramma, W/o. Venkataramana, Karrala Market, Mangal Veedhi, Vizianagaram. ..... PETITIONER AND 1 The Station House Officer, III Town Police Station, Visakhapatnam. 2 The Commissioner of Police, Visakhapatnam. .....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 For the reasons stated in the "Telegram" dated 28-01-2008 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 younger brother of the Petitioner herein, namely Boga Srinivasa Rao, S/o. late Boga Appa Rao, Government Employee, before this Hon'ble Court, who was illegally taken away by the III Town Police Station constables on 26/01/2008 at 03.00 P.M. and 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 at the stage of admission made the following : ORDER: (Per Sri B. Prakash Rao, J) This writ petition is taken up under Article 226 of the Constitution of India in pursuance of telegram dated 28-01-2008 alleging that the petitioner’s younger brother viz., Boga Srinivasa Rao, son of late Boga Appa Rao who is a government employee was illegally taken away by the police constables of III Town Police Station, Visakhapatnam on 26-01-2008 at 3.00 PM and sought investigation about the false implication of his brother in a case under Section 498-A IPC. After notice and in reply thereto, in the counter affidavit filed by Sri A. Narasimha Murthy, Inspector of Police, III Town Police Station, Visakhapatnam, it is stated that the alleged detenu is accused No.1 in Crime No. 61 of 2008 for the offence under Section 498-A IPC of III Town Police Station, Visakhapatnam, which was registered on 26-1- 2008 on the complaint given by his wife and that the alleged detenu himself surrendered before the Investigating Officer on 28-1-2008. On such surrender, the alleged detenu was produced before the I Additional Chief Metropolitan Magistrate, Visakhapatnam on the same day and the learned Magistrate ordered to remand him to judicial custody. Accordingly, he was lodged at Central Prison, Visakhapatnam and on 30-1-2008, he was enlarged on regular bail. Having regard to the aforesaid reasons, we do not find any merit in the writ petition. It is accordingly dismissed. B. PRAKASH RAO, J L. NARASIMHA REDDY, J 25-02-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, III Town Police Station, Visakhapatnam. 2 The Commissioner of Police, Visakhapatnam. 3 Two CCs to the Advocate General (OUT). 4 Two CD copies.