IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION Nos:6041 & 6281 of 2009 W.P.No.6041 of 2009 Between: C. Hanmanthu, S/o. Yadaiah, Sheriguda Badraipally Village, Kothur Mandal, Mahaboobnagar District. ..... PETITIONER AND 1 The Station House Officer, Miryalaguda Police Station, Nalgonda District. 2 The Superintendent of Police, Nalgonda District. .....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 stated in the "Telegram" dated 20-03- 2009 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 father of the Petitioner namely Yadaiah, before this Hon'ble Court, who was illegally detained by the police of Miryalaguda Police Station, Nalgonda District and 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. W.P.No.6281 of 2009 Between: Smt. Shankaramma, W/o. yadaiah, R/o. Seriguda Badraiahpalli Village, Kothur Mandal, Mahabubnagar District. ..... PETITIONER AND 1 The Superintendent of Police, Nalgonda, Nalgonda District. 2 The Stations House Officer, Miryalaguda P.S., Nalgonda District. .....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 issue Writ Order or Direction more particularly one in the nature of Writ of Habeas Corpus directing the respondents to produce the detenus viz., Yadaiah S/o. Jangaiah, aged 58 years, Occ: Agriculture and Hanumanthu, S/o. yadaiah, aged 28 years Occ: Private Driver R/o. Seriguda Badraiahapali Village, Kothur Mandal, Mahaboobnagar District, before this Hon'ble Court and to set them at Liberty after declaring their arrest as illegal, arbitrary, unconstitutional and in violation of the fundamental rights guaranteed under Article 21 of the Constitution of India, and to pass Counsel for the Petitioner: MR.M.VIJAYA KUMAR GOUD Counsel for Respondents: THE ADVOCATE GENERAL The Court made the following : ORDER: (per Hon’ble Sri Justice A. Gopal Reddy) Wife of the alleged detenu, filed W.P.No.6281 of 2009 alleging that her husband, namely, Yadaiah, and her son, namely, Hanumanthu were arrested by the Police Kothur Police Station on 18.03.2009 and were not produced before the Magistrate violating the law declared by the Apex Court in D.K. Basu v. State of West Bengal[1]. Whereas W.P.No.6041 of 2009 was taken up on the basis of the telegram, dated 20.03.2009 sent by Hanumanthu, who is the second alleged detenu in W.P.No.6281 of 2009, alleging that his father, namely, Yadaiah was illegally detained by the Miryalaguda Police Station, Nalgonda District and apprehending danger to his life. In response to the notice, the Sub-Inspector of Police, Miryalaguda Town Police Station, Nalgonda District, the second respondent in W.P.No.6281 of 2009 and first respondent in W.P.No.041 of 2009 field counter affidavit stating that on the private complaint filed by one P. Janakamma R/o. Miryalaguda, on 3.02.2009 stating that the alleged detenus along with another person, namely Pedkatti Pandu @ Chakali Pandu, are directors of Real Growth K.S. Consumer Services Marketing Pvt. Ltd., having its office at 704-A, Navkenthan Complex, Opp. Clock Tower, S.P. Road, Secunderabad. They falsely made the depositors to purchase the units with a promise that whoever joined the Company as a member, has to purchase at least one unit worth Rs.3699/- and there was no limit for purchase of units. The accused offered and declared that if a person purchased a unit of Rs.3699/-, he will get an amount of Rs.264/- towards the benefit after 30 days, Rs.1584/- after 60 days, Rs.3088/-, after 90 days, Rs.3244/- after 120 days, and Rs.15361/- after 150 days. Believing that the same to be true, the complainant invested the amount, for which advance cheques were issued. Later she came to know from others that the said cheques issued by the accused persons to other members, were not honored. Basing upon the said complaint, a case in Crime No.64 of 2009 was registered on 25.02.2009 for the offence punishable under Sections 406, 420 IPC and Sections 3 and 4 of the Money Circulation Act r/w Section 156(3) Cr.P.C. While the investigation was pending, the alleged detenus surrendered before the police on 23.03.2009 and after complying with the formalities of arrest, they were produced before the Judicial First Class Magistrate, Miryalaguda on 24.03.2009 for their remand. Pursuant to the remand order, the alleged detenus were lodged at Sub-Jail, Miryalaguda, but A.3 is still absconding and the respondents are making efforts to apprehend him. Having regard to the fact that after registration of Crime No.64 of 2009, on 25.02.2009 the alleged detenus surrendered before the police and they were produced before the Judicial First Class Magistrate, Miryalaguda, there is no force in the submission that the alleged detenus were illegally detained by the police. Accordingly, the Writ Petitions are dismissed. ___________________ (A.GOPAL REDDY, J.) _____________ (K.C. BHANU, J.) 1st April, 2009 Js. [1] 1997 (1) SCC 416