THE HON'BLE SRI JUSTICE A. GOPAL REDDY & THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No:9859 OF 2011 Dated: 22.6.2011 Between: Smt. Susmitha .. Petitioner And The Station House Officer, Nizamabad Rural and others. .. Respondents. THE HON'BLE SRI JUSTICE A. GOPAL REDDY & THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No:9859 OF 2011 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) This writ petition is filed by the petitioner-wife for production of her husband viz., V. Vishanth Reddy, S/o Rambhoopal Reddy and for setting him at liberty by issuing a writ of Habeas Corpus. It is stated in the affidavit that the 1st respondent came to the house of the alleged detenu on 2.4.2011 and forcibly picked up the alleged detenu, while the petitioner and her family members tried to resist, at the instance of the 5th respondent, with whom the alleged detenu worked earlier as a Manager at Srichitra Filling Station situated at Bhaimsa, Adilabad District, and since then the alleged detenu has been in illegal custody and has not been produced before any Magistrate. In response to the notice, the 1st respondent-S.I. of Police, Nizamabad Rural Police Station, Nizamabad, filed counter-affidavit denying the allegations made by the petitioner and stating that on the complaint made by one Bairineni Sricharan Rao, with the Nizamabad Rural Police Station, on 26.2.2011, a case in Crime No.74 of 2011 for the offence punishable under Sections 448, 290, 506 and 504 IPC was registered and the investigation is taken up and that the police are making enquiries about the alleged detenu and his brother since the date of registration of the crime and they are absconding and the police are making efforts to apprehend them. It is further stated that once the complaint is received, it is obligatory on the part of the police to register the same and investigate into it and that the present writ petition is filed only with a view to pre-empt the police from arresting the alleged detenu and his brother. No reply has been filed by the petitioner controverting the averments made in the counter-affidavit. Further, on 20.6.2011 as there was no representation on behalf of the petitioner the matter was directed to be listed under the caption of ‘for dismissal’. Even though the matter is listed today under the caption of dismissal, there is no representation on behalf of the petitioner in the morning as well as in the afternoon session. In the above circumstances and in view the averments made in the counter-affidavit that the alleged detenu is involved in a crime and the police are making efforts to arrest him, the contention of the 1st respondent that the present writ petition is filed only with a view to prevent the police from arresting the alleged detenu, appears to be true and correct. In the above circumstances, the writ petition is dismissed. ______________________ Justice A. Gopal Reddy __________________ Justice Raja Elango Dated: 22.6.2011 Nn. THE HON'BLE SRI JUSTICE A. GOPAL REDDY & THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No:9859 OF 2011 (Order delivered by Hon’ble Sri Justice A. Gopal Reddy) 22.6.2011