IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 10873 of 2009 Between: G. Saritha ..... PETITIONER AND 1 The Station House Officer, Chirala, Prakasam District. 2 The Superintendent of Police, Prakasam District at Ongole. 3 The Director General of Police, Government of A.P., Lakdikapul, Hyderabad. 4 The Govt. of A.P., Rep. by its Prl. Secretary to Govt., Home Department, Secretariat, Hyderabad. .....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 21-05-2009 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 Mandamus to calling for the remarks from the Respondents herein in and connected to kidnapping of Petitioner's brother by name Gurramkonda Amarnath by police or other persons from Addl. Munsif Magistrate Court premises, Chirala on 21.05.2009 at 11.30 A.M. and took away in a Green Qualis bearing No. AP 16 TX 2056 and the action of the Respondents; And This Hon'ble Court may be pleased to pass appropriate orders directing the concerned to probe into the matter and trace out the brother of the Petitioner herein and hand over 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 Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO TAKEN UP WRIT PETITION No.10873 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) 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 21.5.2009, wherein it is alleged that the brother of the petitioner viz., Gurramkonda Amarnath was illegally detained by the Police or other persons from the premises of Additional Munsif Magistrate Court, Chirala, on 21.5.2009 in a green Qualis bearing No.AP 16 TX 2056, that she is apprehending danger to his life and set him at liberty. 3. A counter affidavit has been filed by the Sub-Inspector of Police, Chirala II Town Police Station, Prakasam District, representing the first respondent herein, stating that the mother of the petitioner lodged a complaint on 21.5.2009 with Chirala II Town Police Station, stating that her son by name Gurramkonda Amarnath was kidnapped and basing on the said complaint a case in Crime No.124 of 2009 under Section 363 I.P.C. was registered. Subsequent to the lodging of complaint, the alleged detenu approached the Police Station on 13.6.2009 and stated that he was not kidnapped by anybody or police and he along with his friends went to attend the party on his own accord in the car. The alleged detenu also stated that as he was not having phone with him, he could not inform to his mother. It is also stated that basing on the said statement of the alleged detenu recorded by the police, the case in Crime No.124 of 2009 was referred as ‘mistake of fact’. The said statement of the alleged detenu is made part of the record. 4. In view of the categorical statement made by the first respondent in the counter affidavit, we do not find any reason to continue the writ petition any further and the same is liable to be dismissed. 5. 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 R.KANTHA RAO 19-06-2009 Msr/Lmv THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO TAKEN UP WRIT PETITION No.10873 of 2009 19-06-2009 (Msr)