IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.CHANDRA KUMAR WRIT PETITION NO : 1636 of 2009 Between: K. Nirmala, Bapatla, Guntur District. ..... PETITIONER AND 1 The Station House Officer, Bapatla Town, Guntur District. 2 The Superintendent of Police, Guntur. .....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 30-01-2009 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 Habeas Corpus directing the Respondents herein to produce the son of the Petitioner viz., Kaithepalli Madanmohan Sharma, before this Hon'ble Court, who was illegally detained by the Sub-Inspector of Police, Bapatla Town Police Station, Guntur six days ago, 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 Respondent No.: THE ADVOCATE GENERAL The Court made the following : HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE B.CHANDRA KUMAR W.P.NO.1636 OF 2009 JUDGMENT: (PER AGRJ) This is a taken up writ petition on the basis of the telegram dated 30.01.2009 sent by the petitioner alleging that the son of the petitioner i.e. Kaithepalli Madanmohan Sharma has been illegally detained by the Sub Inspector of Police, Baptla Town Police Station, Guntur and seeks a direction to the respondents herein to set him at liberty by issuing a writ of habeas corpus. The 1st respondent filed counter stating that on the basis of the complaint given by one Akunuri Vaishnavi of Baptla Town a case in Crime No.6 of 2009 for the offence punishable under Section 509 IPC of Baptla Town Police Station has been registered against the son of the petitioner and that he was arrested on 02.02.2009 and he was produced before the Judicial Magistrate of First Class, Baptla for his remand and that the learned Magistrate remanded him to judicial custody and he was lodged at Sub Jail, Baptla and thereafter he was released on bail on 3.2.2009 and the son of the petitioner was never illegally detained by the Baptla Police. Since the alleged detenue did not complain to the learned Magistrate, who remanded him that he was illegally detained by the police and from the counter it is clear that the son of the petitioner was arrested in Crime No.6 of 2009 for the offence punishable under Section 509 IPC of Baptla Police Station and he was arrested on 2.2.2009 and immediately after his arrest he was produced before the concerned Magistrate without any delay, we are of the view that the son of the petitioner was not detained illegally. We find no merits in the petition. Accordingly, the writ petition is dismissed. No costs. ____________________ A.GOPAL REDDY,J Dated: 24.02.2009 _______________________ B.CHANDRA KUMAR,J kvrm HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE B.CHANDRA KUMAR W.P.NO.1636 OF 2009 DATED: 24.02.2009