IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.17272 of 2008 Between: A. Rajamma, Plot No. 40, Masthan Nagar, Near Ambedkar Open University, Durgam Cheruvu Road, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Madapur, Ranga Reddy District. 2 The Commissioner of Police, Cyberabad at Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that for the reasons stated in the "Telegram" dated 06- 08-2008 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 Petitioner's son, before this Hon'ble Court, who is illegally detained since 18-07-2008 by the Madapur Police, 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 made the following: THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.17272 of 2008 ORAL ORDER: (per the HON’BLE SRI JUST ICE D.S.R.VARMA) Heard the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This writ petition is taken up on the basis of a telegram, dated 06.08.2008, addressed to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, by one A.Rajammaa, resident of Hyderabad, alleging that her son was illegally detained by Madhapur Police, on 18.07.2008, at the instance of One T.Krishna, Sairam Cars, Jubilee Hills, Hyderabad, and that since her son was not produced before any Court of law, she is apprehending danger to his life. Hence, she seeks intervention of this Court by way of issuing a writ of Habeas Corpus. 3. In response to the notice, issued by this Court, respondent No.1-Inspector of Police, Madhapur Police Station, Cyberabad, ﬁled a detailed counter-aﬃdavit stating, inter alia, that there was no occasion for the police to illegally detain the alleged detenu on 18.07.2008 or on any other subsequent date. On physical veriﬁcation, during the course of investigation, it came to light that there was no house in existence with the address given in the said telegram. Even the petitioner viz., Rajamma is not residing in that locality. 4. It is further brought to the notice of this Court that, earlier, the petitioner with the very same address mentioned in the present telegram, addressed a letter to the A.P. State Human Rights Commission, on 22.07.2008, alleging that some Police Constables, attached to Madhapur Police Station, kidnapped her son on 18.07.2008, at the instance of her daughter-in- law, and that she also mentioned the names of one Kanaka Durga and Chakali Venkati along with their cell phone numbers. As a part of investigation, the respondents have contacted the said persons, who informed that the said Rajamma has been residing at H.No.7-107, Indiranagar, Uppal Mandal, Hyderabad, for the last two years. Since there was no illegal detention, a report was also submitted to the A.P. State Human Rights Commission denying the allegations in the earlier letter, dated 22.07.2008. 5. However, the respondents could trace the petitioner and her missing son on 19.08.2008 and when examined, she stated that at no point of time, she sent any telegram to this Court. Thereafter, the petitioner was duly produced before the Tahsildar, Uppal Mandal, within whose jurisdiction the alleged detenu has been residing, who, after conducting a thorough enquiry, recorded the statement of the petitioner, in which, she stated that she is not at all residing at the address given in the telegram sent to this Court, but for the last two years she has been residing at H.No.7-107, Indiranagar, Uppal Mandal, Hyderabad. She further stated that her son has been missing for the last one month and she is suspecting her daughter-in-law and others, and that, she never got any doubt about the involvement of Madhapur Police in the missing of her son. 6. Copies of the letter, dated 22.07.2008, addressed by the petitioner to the A.P. State Human Rights Commission, Hyderabad, and the report of the Assistant Commissioner of Police, Rajendranagar Division, dated 08.08.2008, are made part of the record. 7. In view of the aforesaid facts, we do not ﬁnd any merits in the writ petition and the same is liable to be dismissed. 8. In the result, 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 K.C.BHANU 25.08.2008 dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Madapur, Ranga Reddy District. 2 The Commissioner of Police, Cyberabad at Hyderabad. 3 2CCs to Advocate General, High Court of A.P., Hyderabad (OUT) 4 2CD copies