IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 5943 of 2008 Between: M. Durgamma, Eluru. ..... PETITIONER AND 1 The Station House Officer, Railway police, Vijayawada Station, Vijayawada. 2 The Commissioner of Police, Vijayawada. .....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 17-03-2008 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 daughters of the Petitioner herein viz., Mekala Sarojini with her daughter Ruby Rani and Mekala Yashodha, before this Hon'ble Court, who were illegally detained on 12-03-2008 by the police of Vijayawada Railway Station, apprehending danger to their lives and set them 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 : ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) On the basis of the telegram sent by Smt. Durgamma, dated 17.3.2008 alleging that her daughters viz., Mekala Sarojini with her daughter Ruby Rani and Mekala Yashodha were illegally detained by Station House Officer, Railway Police, Vijayawada Station, Vijayawada on 12.03.2008 and apprehending danger to their lives, this writ of Habeas Corpus has been taken up. The Inspector of Police, Government Railway Police Station, Vijayawada, first respondent herein filed a counter affidavit denying the illegal detention of the alleged detenus namely, Mekala Sarojini and her daughter Ruby Rani and Mekala Yashodha. It is stated that since the alleged detenus were moving under suspicious circumstances and when they were about to commit a cognizable offence near Train No.463, Narsapur-Nidadavole Passenger Train, the police of Nidadavole apprehended them and effected the arrest of alleged detenus 1 and 3 and an occurrence report was drafted to that effect and on that basis, Crime Nos.18 and 19 of 2008 for the offence under Section 41 Cr.P.C. were registered against the alleged detenu Nos.1 and 3. On the same day, information was laid under Section 109 Cr.P.C. before the Mandal Executive Magistrate, Nidadavole, who in turn treated the information as M.C.No.7 of 2008 and passed orders binding over the alleged detenu Nos.1 and 3 for keeping good behaviour for a period of six months and enlarged them after obtaining their self-bonds. On such released the alleged detenus were handed over to the petitioner under acknowledgement. The copies of F.I.Rs. in Crime Nos.18 and 19 of 2008, occurrence report etc., are placed on record, which clearly discloses that the alleged detenus were not illegally detained, but they were arrested from preventing the commission of offence and produced before the Magistrate. Therefore, we see no substance in the allegation made in the telegram about the illegal detention of the alleged detenus. The Writ Petition is accordingly dismissed. No costs. ________________ A. GOPAL REDDY, J. _______________________ B.SESHASAYANA REDDY, J. 02.04.2008 Tsr. To 1 The Station House Officer, Railway police, Vijayawada Station, Vijayawada. 2 The Commissioner of Police, Vijayawada. 3 Two C.Cs. to G.P. for Home, High Court Buildings, (OUT) 4. Two C.D. copies.