IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.25335 of 2008 Between: Pallikonda Sudhakar, S/o. Ragaiah, R/o. Kodur (Village), T.P. Gudur (Mandal), Nellore District. ..... PETITIONER AND 1 The Station House Officer, T.P. Guudur, Nellore District. 2 The Superintendent of Police, Nellore 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 For the reasons stated in the "Telegram" dated 12-11-2008 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 viz. P. Sivakumar, aged about 19 years, before this Hon'ble Court, who was illegally detained by the T.P. Gudur police on 01-11-2008, 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 Respondent No.: THE ADVOCATE GENERAL The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.25335 of 2008 ORDER: (per the Hon’ble Sri Justice V.Eswaraiah) This is a taken up case on the Telegram, dated 12-11-2008, sent by the petitioner seeking a direction in the nature of Writ of Habeas Corpus directing the respondents to produce his son viz., P.Sivakumar before this court, who was illegally detained by T.P.Gudur Police on 01-11-2008, apprehending danger to his life and set him at liberty. Pursuant to the taken up case, the learned Advocate General took notice. A counter has been filed by the 1st respondent stating that the petitioner is arrayed as A-1 and the alleged detenu as A-3 in Cr.No.90 of 2007 registered for the offence punishable under Section 324 read with 34 IPC of T.P.Gudur Police Station. Initially, the said crime was registered for the offences under Sections 324 read with 34 IPC and Section 3(1)(x) of SCs and STs (POA) Act, 1989. However, after investigation, Section 3(1)(x) of SCs and STs (POA) Act, 1989, has been deleted as no case is made out against them and thereby, the Sub-Divisional Police Officer handed over the case to the 1st respondent for further investigation only for the offence under Section 324 read with 34 IPC. It is further stated that from the date of registration of the said crime, the petitioner as well as the alleged detenu have been absconding. The 1st respondent is making sincere efforts to apprehend the petitioner as well as the alleged detenu. As and when they are apprehended, they will be produced before the court concerned for their remand. Except the present case, no case is pending against the petitioner and the alleged detenu. Therefore, the petitioner cannot complain that the alleged detenu was illegally detained by the 1st respondent since 01-11-2008 in connection with an electrical motor theft case, which according to him, is not all registered. However, the petitioner with a malafide intention to evade arrest and also to draw adverse inference against the 1st respondent simply sent the present telegram to this court. Hence, there are no merits either in the Telegram, dated 12- 11-2008, or in the present taken up Writ petition. As such, the taken up Writ petition is liable to be dismissed. In view of the averments made in the counter, it cannot be said that the alleged detenu is illegally detained by the police. Therefore, we do not find any merit in the writ petition and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. _________________ (V.ESW J) ______________ (K.C.BHANU, J) Dated: 03-12-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MJ}