IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 11503 of 2009 Between: Sunkoju Yadaiah S/o. Late Ramulu R/o. 2-37, Shiva Shankar Nagar Colony, Meerpet Saroor Nagar Mandal, Ranga Reddy District. ..... PETITIONER AND 1 The Government of Andhra Pradesh Rep. by its Director General of Police Hyderabad. 2 The Commissioner of Police Cyberabad Commissionerate Cyberabad, Hyderabad. 3 The Station House Officer Kukatpally Police Station Kukatpally, Ranga Reddy District. .....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 Writ, order, direction of the Writ More particularly one in the nature of writ of Habeas-Corpus directing the respondents to produce the petitioner's son Mr. Sunkoju Bhujangachary who was illegal detained by the 3rd respondent police, i.e., Kukatpally Police Station. Counsel for the Petitioner:MR.B.SHIVA KUMAR Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.11503 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. The whole grievance of the petitioner in this writ petition is to produce his son viz., Sunkoju Bhujangachary, who was illegally detained by the third respondent-Station House Officer, Kukatpally Police Station, Ranga Reddy District, that he is apprehending danger to his life and set him at liberty. 3. In response to the notices issued by this Court, a counter affidavit has been filed by the third respondent-Inspector of Police, Kukatpally Police Station, Cyberabad, stating inter alia that a complaint was lodged by one Bandari Krishna, resident of Tarnaka, Secunderabad, alleging that his vehicle (Hero Honda Glamour) bearing registration No.AP 28 AU 5523, which was parked in the Cellar portion of APHB Commercial Complex, was missing and basing on the said complaint, a case in Crime No.676 of 2009 for the offence punishable under Section 379 IPC was registered on 2.6.2009 and investigation was taken up. During the course of investigation they found two persons, who were riding motor cycles on suspicion bearing the number mentioned by the complainant in Crime No.676 of 2009 along with another. Upon which both the riders of the motor cycles were apprehended and on examination, they revealed their identity as (1) Sunkoji Bhujanga Chary @ Chary and (2) Dhanur Chennappa @ Chenna. The said Sunkoji Bhunjanga Chary is no other than the son of the petitioner, who is the alleged detenu and on their interrogation, they confessed their guilt also. Subsequently, they were arrested on 12.6.2009 and produced before the IX Metropolitan Magistrate, Kukatpally at Miyapur on 13.6.2009, who inturn remanded them to judicial custody. Pursuant to the said order of remand by the learned Magistrate, the alleged detenu along with another was lodged at Central Prison, Cherlapally. 4. Having regard to the facts stated in the counter affidavit, the question of illegal detention does not arise. There are no merits in the writ petition and the same is liable to be dismissed. 5. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE R.KANTHA RAO 19-06-2009 Msr/Lmv THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.11503 of 2009 19-06-2009 (Msr)