THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.27002 of 2009 Date: 24.12.2009 Between : Smt. Gutti Vimala … Petitioner and The Superintendent of Police, Prakasam District and another. … Respondents THE HON'BLE SRI JUSTICE D.S.R.VARMA AND THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.27002 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is filed by the petitioner seeking a direction to the respondents for production of her son viz., Gutti Ravichander, s/o. Vasantha Rao, aged 26 years, resident of Stuartpuram, Bapatla Mandal, Guntur District, before this Court and set him at liberty, forthwith. 3. It is the case of the petitioner that on the early hours of 5.12.2009 the Sub-Inspector of Police, Epurupalem Police Station, Chirala Mandal, Prakasam District, the 2nd respondent herein, along with his men came to the house of the petitioner and forcibly taken away the alleged detenu, by name Gutti Ravichander and detained him in illegal custody. When the petitioner questioned about the illegal action of the 2nd respondent, he tore the blouse of the petitioner and threatened her with dire consequences. Immediately she went to the Vedullapalli Police Station and lodged a report against the 2nd respondent. She also sent copies of the said complaint to the Superintendent of Police, Guntur; Deputy Superintendent of Police, Bapatla; and Circle Inspector of Police, Bapatla. She further contended that the 2nd respondent is applying third degree methods against the alleged detenu demanding false recoveries from him. She further stated that as on date no case is pending against the alleged detenu. Therefore, she filed the present writ petition seeking production of her son before this Court. 4. On the last occasion, basing on the contention raised by the learned counsel for the petitioner that the alleged detenu was lodged in I Town Police Station, Chirala, this Court directed the Secretary, A.P. High Court Legal Services Committee, Hyderabad, to ascertain from the Magistrate concerned, as to whether any such person, by name Gutti Ravichander is lodged in Chirala I Town Police Station. 5. In compliance of the said directions, the Additional Junior Civil Judge, Chirala, Prakasam District, visited I Town Police Station, Chirala, and reported to this Court that no person by name Gutti Ravichander was in the custody of the said police. Therefore, it is obvious that the alleged detenu was not available at Chirala Police Station, as alleged by the learned counsel for the petitioner. 6. It is the further allegation of the learned counsel for the petitioner that the alleged detenu was being shifted from one Police Station to another. This contention also cannot be believed, since it is very difficult to shift a person from one Police Station to another everyday. 7. However, upon the request made by the learned counsel for the petitioner, we directed the Superintendent of Police, Prakasam District, to file an affidavit. Accordingly, the Superintendent of Police, Prakasam District, had filed a counter affidavit stating that the alleged detenu was not available in I Town Police Station, Chirala, and the police are making efforts to arrest the alleged detenu along with 3 others in connection with a crime. 8. As could be seen from the counter affidavit filed by the Station House Officer, Chirala Rural Police Station/Epurupalem Police Station, Prakasam District, the 2nd respondent herein, on 3.12.2009 one Shaik Basheer lodged a complaint with Chirala Rural Police Station, Prakasam District, stating that the alleged detenu along with 4 others resorted to extortion of money and basing on the said complaint a case in Crime No.160 of 2009 was registered by Chirala Rural Police and investigation was taken up. It is also stated that when the police went to apprehend the accused in connection with the said crime, the petitioner along with others obstructed the police from discharging their official duties for which a case in Crime No.66 of 2009 under Sections 225, 353, 506 read with 34 I.P.C., was registered and as a counter-blast, the petitioner also lodged a complaint against the 2nd respondent, which was registered as Crime No.67 of 2009 under Sections 448, 509 I.P.C. of Vedullapalli Police Station. It is further stated that on 9.12.2009 Accused No.3 in Crime No.160 of 2009 was apprehended and the police are making efforts to apprehend the alleged detenu along with 3 others in the said crime. To that effect, a copy of the remand report was also filed before this Court. 9. From the counter affidavits filed by respondent Nos.1 and 2, we have no reason to disbelieve the contents of the said affidavits and the facts put-forth by them. It is the duty of the respondents police to trace the alleged detene and the other accused in Crime No.160 of 2009 and produce them before the Magistrate concerned, after due intimation to the family members of the persons arrested. 10. Therefore, it is obvious from the counter affidavits filed by the respondents and also the Remand Report filed before the Additional Munsif Magistrate, Chirala, that the alleged detenu is not in the custody of the 2nd respondent police, however, he is required along with the other accused by the police in connection with Crime No.160 of 2009. 11. For the foregoing, we do not find any merit in the writ petition and the same is liable to be dismissed. 12. In the result, the writ petition is dismissed, at the stage of admission. No order as to costs. 13. It is needless to mention that the other crimes i.e., Crime Nos.66 of 2009 and 67 of 2009, registered against the petitioner and the 2nd respondent, respectively, can be proceeded with independently, in accordance with law. ________________________ JUSTICE D.S.R.VARMA __________________________ JUSTICE G.CHANDRAIAH 24.12.2009 Msr THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.27002 of 2009 24.12.2009 (Msr)