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. 14067 of 2008 Between: Narayana, Sy.No.153, 154, Koheda Village, Hayathnagar Mandal. ..... PETITIONER AND 1 The Station House Officer, Hayathnagar, Dilsukhnagar, Ranga Reddy District. 2 The Commissioner of Police, Basheerbagh, Hyderabad. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 30-06-2008 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 V. Janardhan Reddy, before this Hon'ble Court, who was arrested on 09-06- 2008 by Inspector of Police, Hayathnagar Police Station and 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.14067 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 30-06-2008, wherein it is alleged that one V. Janardhan Reddy was illegally arrested by the Inspector of Police, Hayathnagar Police Station, on 09-06-2008, and that he is apprehending danger to his life. It is further alleged that the first respondent police are interfering with the civil disputes and trying to forcibly obtain the signatures of the alleged detenu on white papers. 3. A counter affidavit has been filed by the Inspector of Police, Hayathnagar Police Station, Cyberabad, representing the first respondent herein, stating that the alleged detenu was Accused No.2 in Crime Nos.82 of 2008 and 152 of 2008 for the offences punishable under Sections 420, 120-B read with Section 34 I.P.C., and Section 156 (3) of Cr.P.C. of Hayathnagar Police Station, Cyberabad, which were registered on 03-04-2008 and 09-04-2008, respectively, basing on the references made by VII Metropolitan Magistrate, Cyberabad at Hayathnagar. Since then the alleged detenu is said to be absconding and the police are trying to arrest him in pursuance of the registration of the above cases. It is specifically stated by the first respondent that the alleged detenu is not in illegal custody or wrongful detention. 4. In view of the categorical denial by the first respondent in the counter affidavit that the alleged detenu was in illegal custody and since the alleged detenu is absconding, 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 Station House Officer, Hayathnagar, Dilsukhnagar, Ranga Reddy District. 2 The Commissioner of Police, Basheerbagh, Hyderabad. 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.14067 of 2008 16-07-2008 (Msr)