IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND 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 NO : 5549 of 2009 Between: S. Subhashini, w/o. Sanagari Subramanyam, Bapatla, Guntur District. ..... PETITIONER AND 1 The Station House Officer, Bapatla Police Station, Guntur District. 2 The Superintendent of Police, Guntur District. 3 The General Railway Police, Vijayawada, Krishna District. 4 The Superintendent of Police, Krishna District. .....RESPONDENT(S) 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 14-03-2009 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 husband of the Petitioner namely, Sanagari Subrahmanyam and his friend Vemuri Chandra Murali, before this Hon'ble Court, who are illegally detained on 26-02-2009 at 08.30 P.M., while drinking Alcohol in Petitioner's house by the General Railway police, Vijayawada, Circle Inspector Murali Krishna, Sub-Inspector Vali, constables - Satyanarayana Sreenu and Subba Rao trespassed into Petitioner's house threatened the Petitioner that they would encounter Petitioner's husband unless she arrange some gold and cash and 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:TELEGRAM 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 K.C. BHANU WRIT PETITION No. 5549 OF 2009 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) This is a taken up writ petition on the basis of the telegram sent by the petitioner dated 14.03.2009 to the Hon’ble Chief Justice alleging that her husband namely, Sanagari Subrahmanyam and his friend Vemuri Chandra Murali have been illegally detained by the General Railway Police, Vijayawada from 26.2.2009 and till date neither they are released nor produced before the Court concerned. In response to the notice, the Inspector of Police, Government Railway Police, Vijayawada, the 3rd respondent herein filed the affidavit stating that the husband of the petitioner is arrayed as A.1 in Crime No.24 of 2009 registered on 27.1.2009 for the offence under Section 379 IPC of Government Railway Police Station, Vijayawada. In connection with the said crime, the husband of the petitioner was arrested on 15.3.2009 and on 16.3.2009 he was produced before the II Metropolitan Magistrate for Railways, Vijayawada. On such production, the learned Magistrate remanded him to judicial custody, but, however, he was enlarged on regular bail on 17.3.2009. It is stated that at the time of production, the alleged detenu No.1 has not complained of any illegal detention by the police as alleged by the petitioner. It is further stated that the alleged detenu No.1 is an ex-convict and as against him, two crimes are pending. With regard to the alleged detenu No.2, it is stated that he is never detained by police as alleged nor he is required in any crime. Having regard to the fact that the husband of the petitioner i.e. alleged detenu No.1 has already been produced before the concerned magistrate and was released on bail and in view of categorical assertion by 3rd respondent that the alleged detenu No.2 was never arrested, we do not see any merits in the contents of the telegram. The writ petition is accordingly dismissed. No order as to costs. _________________ (A. GOPAL REDDY, J.) _______________ (K.C. BHANU, J.) APRIL 02, 2009 TSR