HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO Writ Petition No. 27074 of 2007 24.01.2008 Between: K.P. Munaswamy … Petitioner AND The Station House Officer, CCS Tirupati, Chittoor District & others … Respondents O R D E R: (per the Hon’ble Sri Justice A. Gopal Reddy) This writ petition is filed for a writ of habeas corpus to declare the action of the respondents in illegally taking away the father of the petitioner viz. K. Pakeeri-the alleged detenu on 14.12.2007 at about 02.00 a.m., as illegal, arbitrary and violative of the fundamental rights enshrined under the Constitution of India and to set him at liberty forth with. The Inspector of Police, Central Crime Station, Tirupati filed counter-affidavit stating that on the complaint given by one P. Subrahmanyam of Chandragiri that on 23.11.2007 at about 12.15 p.m., he lost Rs.7,00,000/-, a case in crime No. 384 of 2007 under Section 379 I.P.C. has been registered. He further stated that on reliable information that one K.P. Munaswamy, the petitioner herein, and others are involved in the above offence, he went to Keelapattu Village, Perumalnagar, Nagari Mandal, Chittoor District and went to the house of Pakeeri, the father of the petitioner, but he stated that he does not know the whereabouts of Munaswamy. According to him, he never detained the alleged detenu and in order to avoid apprehension by the police, the petitioner approached the Court by way of this writ petition with all false allegations. He further stated that at his request, the Tahasildar, Nagari Mandal, Chittoor District enquired about the whereabouts of the alleged detenu and recorded his statement, wherein it has been stated that due to some disputes with his wife, he went to his daughter’s house at Nagapatnam and again returned on 21.12.2007 and in the meanwhile, his son filed the present writ petition on the pretext that he was taken away by the police. In the light of the statement of the alleged detenu that he has not been illegally detained, no further adjudication is necessary in this writ petition and the same is accordingly dismissed. A. GOPAL REDDY, J NOOTY RAMAMOHANA RAO, J 24.01.2008 ksld