IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THIS THE 4th DAY OF OCTOBER, 2010 PRESENT: HON’BLE SRI JUSTICE A. GOPAL REDDY AND THE HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.21344 of 2010 BETWEEN: Shaik Abdul Rahman … PETITIONER(S) AND The Station House Officer, Muppalla Police Station, Guntur District and another …RESPONDENT(S) HON’BLE SRI JUSTICE A. GOPAL REDDY AND THE HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.21344 of 2010 ORDER: (Per the Hon’ble Sri Justice A. Gopal Reddy) This is a Writ Petition taken up on the basis of a telegram dated 14.08.2010 sent by the petitioner to the Hon’ble the Chief Justice alleging illegal detention of his parents namely Shaik Majnu and Shaik Jaheerabi and his three children by the police of Muppalla Police Station and apprehending danger to their lives from them. The Sub-Inspector of Police, Muppalla Police Station, filed counter affidavit stating that on the basis of a complaint given by Shaik Haseena, wife of the petitioner herein, that her marriage with petitioner was performed ten years back and they were blessed with three children and that she is being harassed mentally and physically by the family members of her husband, a case in Crime No.59 of 2009 was registered for the offence punishable under Sections 498-A and 506 of IPC which was numbered as C.C.No.164 of 2009 on the file of the I Additional Judicial First Class Magistrate, Sattenapalli, and pending trial. While so, on 12.03.2010 as the petitioner with the support of his family members got married another lady and when she questioned about the same, her husband and in-laws threatened her with dire consequences and so on the basis of a complaint given by her another case in Crime No.12 of 2010 was registered for the offence punishable under Sections 494 and 506 read with Section 34 of IPC wherein the alleged detenus 1 and 2 (Shaik Majnu and Shaik Jaheerabi) were arrayed as accused Nos.3 and 4. It is submitted that the accused in Crime No.12 of 2010 of Muppalla Police Station have filed Crl.P.No.3102 of 2010 before this Court seeking to quash the case in the said crime and the same is pending consideration. It is further submitted that after receiving communication from the office of the Advocate-General, he has caused inquiries in the matter and found that the alleged detenus are moving freely and, on his request, the Tahsildar, Muppalla Mandal, Guntur District caused inquiries in the matter and after recording the statements of the alleged detenus 1 and 2 herein and the petitioner issued certificates on 25.09.2010 to the effect that they are moving freely along with their children and attending to their day-to-day work. Having regard to the fact that the petitioner herein and the alleged detenus have filed Crl.P.No.3102 of 2010 before this Court seeking to quash the proceedings in Crime No.12 of 2010 of Muppalla Police Station wherein the alleged detenus 1 and 2 have been arrayed as accused Nos.3 and 4; and the certificates issued by the Tahsildar, Muppalla Mandal, which show that the alleged detenus i.e. the parents of the petitioner and his three children have not been arrested and are moving freely and attending to their livelihood, no cause survives in the Writ Petition for adjudication and the telegram dated 14.08.2010 appears to have been issued on mere apprehension and the contents therein shall not be given any credence to. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. ______________________ (A. GOPAL REDDY, J) ___________________ (RAJA ELANGO, J) 4th OCTOBER, 2010 CVRK