THE HONOURABLE SRI JUSTICE V. ESWARAIAH AND THE HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR TAKEN UP WP.No.9904 OF 2009 ORDER: (per Hon’ble Sri Justice Vilas V. Afzulpurkar) A fax message dated Nil was sent by Smt. Yerikala Eeramma to the Honourable the Chief Justice stating that the police officers of Piler Police Station, Chittoor District, visited the house of her brother-in-law and took away five persons named therein without any reason and alleging that their whereabouts are not known and that the police have not produced them before the Court, intervention of this Court is called for. The said fax message is treated as a taken up case and on 06.05.2009 this Court adjourned the matter by one week to enable the learned Advocate General to get instructions. 2. Today when the matter is taken up, the learned Advocate General filed counter affidavit of the first respondent together with copies of documents namely, FIR and the remand report relating to Cr.No.80 of 2009 of Piler Police Station and the statements of alleged detenus 3 to 5. 3. We have heard the learned Advocate General. 4. It is mentioned in the counter affidavit that the detenus 1 and 2 are accused persons 3 and 1 respectively in several crimes registered at Piler Police Station being Cr.Nos.80, 88, 93, 94 and 95 of 2009 under Sections 457 and 380 of the Indian Penal Code. The alleged detenus were arrested on 06.05.2009 and produced before the Judicial First Class Magistrate, Piler on 07.05.2009 and as per the orders of the learned Magistrate the detenus were remanded to judicial custody and are now lodged in Sub-Jail, Piler. 5. From the above, it is evident that the alleged detenus 1 and 2 were not unlawfully detained. So far as the alleged detenus 3 to 5 are concerned, the first respondent denied that they were ever arrested and that they are not wanted in any crime pending with Piler Police Station. It is, further, alleged that after receiving notice of this writ petition, the alleged detenus 3 to 5 have been produced before the Mandal Revenue Inspector, Piler Mandal and their statements are recorded wherein they have stated that they were never arrested by Piler Police Station and that they moving freely. The copies of the said statements are produced along with the other documents filed by the first respondent. In view of the above, therefore, neither the alleged detenus 1 and 2 are in unlawful custody nor the alleged detenus 3 to 5 are under any detention and in fact, are moving freely. In view of that, this writ petition fails and is accordingly dismissed. ______________ V. ESWARAIAH, J _____________________ VILAS V. AFZULPURKAR, J May 13, 2009 DSK