IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.CHANDRA KUMAR WRIT PETITION NO : 11739 of 2007 Between: Adapa maha Lakshmi W/o.Venkanna, Mangalagiri, Guntur District ..... PETITIONER AND 1 The Inspector of Police,Central Crime Police Vijayawada 2 The Commissioner of Police, Vijayawada city .....RESPONDENTS 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 state in the petitioner dated 8.5.2007 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 Heabeas corpus directing the respondents herein to produce the petitioner husband viz Adapa Venkanna and brother Viz,. Brahma Reddy, before this Hon`ble court who were arrested and illegally detained at 01.00 A.M. on the intervening night of 2.5.2007 & 3.5.2007 by the Central Crime Police, Vijayawada, apprehending danger to their lives and set them 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: FAX MESSAGE Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE B.CHANDRA KUMAR W.P.NO.11739 OF 2007 ORDER: (PER AGRJ) This is a taken up writ petition basing on the petition dated 08.05.2007 sent by the petitioner by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking to issue an order or direction more particularly one in the nature of writ of habeas corpus directing the respondents to produce the husband of the petitioner viz. Adapa Venkanna and brother viz. Brahma Reddy, before this Court, who were illegally detained by the police in the intervening night of 2/3.05.2007 by the Central Crime Police, Vijayawada, apprehending danger to their life and set them at liberty forthwith. In response to the notice, 1st respondent – The Inspector of Police, Central Crime Police, Vijayawada filed a counter affidavit denying the illegal detention of the detenus. It is stated in the affidavit that the alleged detenu No.1 was arrested near Hanuman Junction, Bapulapadu, Krishna District on 19.05.2007 at 3.00 PM by the police of Special Investigation Team, Vijayawada city in connection with Crime No.196 of 2007 for the offence punishable under Sections 457 and 380 of IPC. Subsequently, the police of Krishnalanka P.S. produced the alleged detenu No.1 on 20.05.2007 before the II Additional Chief Metropolitan Magistrate, Vijayawada. On such production the learned Magistrate remanded him to judicial custody and that the detenu No.1 was lodged at Central Prison, Rajahmundry. The alleged detenu No.2 is not required in any case pending before any police station and he is moving freely by attending his day-to-day work. As such he was produced before the Tahsildarl-cum-Mandal Executive Magistrate, Mangalagiri Mandal on 17.06.2007 and recorded his statement, which was filed along with the counter affidavit and it also discloses that he was not illegally detained by the police as stated above. Having regard to the fact that the alleged detenu No.1 is accused in Crime No.196 of 2007 and was arrested and produced before the Magistrate and pursuant to the remand order he was lodged at Central Prison, Rajahmundry and 2nd detenu was moving freely as per statement recorded by the Tahsildar, we do not see any merits about the alleged illegal detention of the detenus. Accordingly, the writ petition is dismissed. No costs. ____________________ A.GOPAL REDDY,J Dated: 17.03.2009 _______________________ B.CHANDRA KUMAR,J kvrm HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE B.CHANDRA KUMAR W.P.NO.11739 OF 2007 DATED: 17.03.2009