IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER 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 : 19755 of 2008 Between: A. Shoba, R/o.1-44, Saroornagar, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Central Crime Station, Kurnool District. 2 The Superintendent of Police, Kurnool. .....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 09-09-2008 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 Pasupuleti Usha Kumari, her Miner Daughter Ooha Prasad and Shiva, before this Hon'ble Court, who were illegally detained by the police of C.C.S., Kurnool since 07-09-2008, 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 : THE HON'BLE SRI JUSTICE D.S.R.VARMA And THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.19755 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 09.09.2008, by one A. Shobha, to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, alleging that one Pasupuleti Usha Kumari, Ooha, Prasad and Shiva were illegally detained by the police of Central Crime Station, Kurnool District, ﬁrst respondent herein, on 07.09.2008; that all the detenus were being subjected to third degree methods and that apprehending danger to their lives, seeks to set them at liberty forthwith. 3. In the counter aﬃdavit, ﬁled by the Inspector of Police, Central Crime Station, Kurnool, it is stated that the alleged detenus were arrested in connection with Crime Nos. 63 to 66/X/2008 of Central Crime Station, Kurnool, for the oﬀence punishable under Section 41 (1) (b) of the Code of Criminal Procedure. Initially, the II Town Police Station, Kurnool, registered the above crimes as Cr.Nos.273 to 276 of 2008, on 09.09.2008, and handed over them to the ﬁrst respondent for investigation; that, in that connection, the police eﬀected arrest of the alleged detenus, on 09.09.2008, while they were moving under suspicious circumstances in front of Municipal Bus Stop, Kurnool town; that, on the same day, on information, a case under Section 109 of the Code of Criminal Procedure, was laid before the Mandal Executive Magistrate, Kurnool, along with the alleged detenus for binding over them for keeping good behaviour; that the Mandal Executive Magistrate, Kurnool, numbered the same as M.C.No.168 of 2008 and passed an order binding over the alleged detenus for a period of six months and a ﬁne of Rs.5,000/- each for keeping good behaviour and the alleged detenus were let oﬀ on the same day i.e. on 09.09.2008; that the copies of First Information Report and information laid under Section 109 of the Code of Criminal Procedure, before the Mandal Executive Magistrate, Kurnool, and order in M.C.No.168 of 2008, dated 09.09.2008, passed by the Mandal Executive Magistrate, Kurnool, are ﬁled as material papers before this Court. 4. In view of the facts and circumstances, in the counter aﬃdavit, the question of illegal detention of the detenus does not arise at all. Moreover, a perusal of the telegram would only indicate that the same, which was supposed to be issued from Kurnool, was actually issued from Hyderabad only, that too, the same, dated 09.09.2008, which was issued on the same day when the alleged detenus were arrested, is totally misconceived and is fallacious and it appears that the same was issued only with an ulterior motive of misleading the investigating agency and as a corollary the time of this Court as well as the investigating agency was put to loss. The said telegram is absolutely an intentional attempt to have some beneﬁt from this Court, which is totally unwarranted. 5. Therefore, the said Writ Petition is dismissed, at the stage of admission, with costs of Rs.100/- (Rupees One Hundred only). 6. Registry is directed to send a copy of this order to the petitioner. ______________________ JUSTICE D.S.R.VARMA ______________________ JUSTICE K.C.BHANU 25.09.2008 kvsn