IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU TAKEN UP WRIT PETITION No.14050 of 2008 Between: K. Padmini, R/o. Islampet, Tenali, Guntur District. ..... PETITIONER AND 1 The C.C.S. Police, Eluru, West Godavari District. 2 The Superintendent of Police, West Godavari. .....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 28-06-2008 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 the husband of the Petitioner, viz., Konapanthi Sudhakar, Islampet, Tenali, before this Hon'ble Court, who was illegally detained by CCS Police, Eluru from 17-06-2008, 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. Counsel for the Petitioner : TELEGRAM Counsel for the Respondents : 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 TAKEN UP WRIT PETITION No.14050 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is initiated at the instance of the petitioner’s telegram, dated 28-06-2008, wherein it is alleged that the husband of the petitioner viz., Konapanthi Sudhakar, residentof Islampet, Tenali, was illegally detained by the police of Central Crime Station, Eluru, West Godavari District, since 17-06-2008, and that she is apprehending danger to his life. 3. A counter affidavit has been filed by the Sub-Inspector of Police, C.C.S., Eluru, West Godavari District, representing the first respondent herein, stating that the alleged detenu was Accused No.1 in Crime No.82 of 2008 for the offence punishable under Sections 457 and 380 I.P.C., and Crime No.97 of 2008 for the offence punishable under Section 380 I.P.C. of Central Crime Station, Eluru, which were registered on 17-05- 2008 and 29-05-2008, respectively. In connection with the above said crimes, the alleged detenu was arrested on 01-07-2008 and produced before the II Additional Judicial First Class Magistrate, Eluru, who inturn remanded him to judicial custody on 02-07-2008. Pursuant to the said order of remand of the learned Magistrate, the alleged detenu is now lodged at Sub-Jail, Eluru. 4. In view of the categorical statement made by the first respondent in the counter affidavit, since the custody of the alleged detenu is not shown to be illegal and is in accordance with law, the question of issuing Writ of Habeas Corpus does not arise. 5. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed. 6. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 16-07-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The C.C.S. Police, Eluru, West Godavari District. 2 The Superintendent of Police, West Godavari. 3. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 4. 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.14050 of 2008 16-07-2008 (Msr)