IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELVETH DAY OF AUGUST 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.15950 of 2008 Between: Bhukya Ramsing Naik, S/o. Tulisya Naik, Mangal Kunta Thanda, Mellacheruvu Mandal, Nalgonda District, Rep. by his friend and distance relative V. Srinivasa Rao, S/o. Govindaiah, Aged 41 years, Occ: Worki President National Tribal Council of India, Hyderabad. ..... PETITIONER AND 1 The Superintendent of police, Nalgonda District. 2 The Sub Divisional Police Officer, Suryapet, Nalgonda District. 3 The Circle Inspector of Police, Kodad, Nalgonda District. 4 Bhukya Bhojya Naik, S/o. Somle, Aged Not Known to the Petitioner, R/o. Reveru Village, Mellacheruvu Mandal, Nalgonda District. .....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 issue a Writ or order or directions particularly one in the nature of Writ of Habeas Corpus against the Respondents No. 1 to 3 to direct the 1st Respondent to produce the Petitioner before this Hon'ble Court and set him free and declare their action for not taking any steps to protect the Petitioner from the hands of 4 Respondent on the strength of the Complaint as illegal, arbitrary, contrary to law, violative of Art. 21 of the Constitution of India, in the interest of justice and pass Counsel for the Petitioner : MR.M.V.RAJA RAAM Counsel for the Respondent Nos.1 to 3 : THE ADVOCATE GENERAL The Court made the following : THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.15950 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.1 to 3. 2. This Writ of Habeas Corpus is filed by the petitioner seeking to direct respondent Nos.1 to 3 to produce the petitioner before this Court, who was illegally detained by respondent No.4 and others and set him at liberty. 3. A counter affidavit has been filed by the Circle Inspector of Police, Kodad Circle, Nalgonda District, representing the third respondent herein, stating that one Bhukya Bhojya Naik, Bhukya Lulli, Bhukya Vijaya, Saidamma and 2 others took away the petitioner viz., Bhukya Ramsingh Naik, who is the Council Member, forcibly and detained him wrongfully. A complaint was sent to Mellacheruvu Police on 22-07-2008. Originally, a case in Crime No.84 of 2008 under the head “Man Missing” was registered on 23-07-2008. During the course of investigation, it came to light that the petitioner was allegedly kidnapped by Bhukya Bhojya Naik and others from Khammam Cross Roads, Kodad, on 17-07-2008, therefore, the Section of law was altered from “Man Missing” to one under Section 363 I.P.C. It is also stated that the police have arrested three persons on 02-08-2008 and produced them before the Judicial First Class Magistrate, Huzurnagar, who inturn remanded them to judicial custody. By virtue of the remand order of the learned Magistrate, they are now lodged at District Jail, Nalgonda, and the police are making efforts to arrest the other three accused in connection with the above said crime. 4. In view of the fact that the petitioner was not illegally detained by the respondent police, the question of issuing Habeas Corpus does not arise. 5. Accordingly, the writ petition is dismissed, at the stage of admission. However, the respondent-police are directed to complete the investigation and file charge sheet, in accordance with law. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 12-08-2008. Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintendent of police, Nalgonda District. 2 The Sub Divisional Police Officer, Suryapet, Nalgonda District. 3 The Circle Inspector of Police, Kodad, Nalgonda District. 4. Two CCs to Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. 5. Two C.D. copies. THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.15950 of 2008 12-08-2008 (Msr)