IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH 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. 15644 of 2008 Between: Pujari Shanthi Kumari, W/o. Ramanaiah, R/o. Rallachelika Village, Sangam Mandal, Sree Potti Sreeramulu, Nellore District. ..... PETITIONER AND 1 The Station House Officer, I Town Police Station, Kadapa District. 2 The Superintendent of Police, Kadapa, Kadapa District. 3 The Station House Officer, Nellore. 4 The Superintendent of Police, Nellore. .....RESPONDENT(S) For the reasons stated in the "Petition" dated 15-07-2008 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 the Petitioner's husband and son namely Pujari Ramanaiah and Pujari Vinod and Petitioner's uncle Pujari Kotaiah, before this Hon'ble Court, who were illegally detained since 11- 07-2008 by the police of Kadapa, 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 : PETITION 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.15644 of 2008 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 complaint, dated 15-07-2008, to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, wherein it is alleged that her husband, son and uncle viz., Pujari Ramanaiah, Pujari Vinod and Pujari Kotaiah, respectively, were illegally detained since 11-07-2008 by the Police of Kadapa Police Station, and that she is apprehending danger to their lives. 3. A counter aﬃdavit has been ﬁled by the Sub-Inspector of Police, I Town Police Station, Kadapa, representing the ﬁrst respondent herein, stating that the alleged detenus were Accused Nos.2, 3 and 1, respectively, in Crime No.77 of 2008 for the oﬀence punishable under Sections 379 and 411 of Indian Penal Code (I.P.C.) of Mydukur Police Station, which was registered on 29-03-2008, basing on the complaint given by one Mote Vijaya Chamundeswari of Mydukur Town. The alleged detenus were arrested on 20-07-2008 in connection with the above said crime and produced before the Judicial First Class Magistrate, Mydukur, on 21-07-2008, who inturn remanded them to judicial custody. By virtue of the remand order, dated 21-07-2008, of the learned Magistrate, the alleged detenus 1 and 3 were now lodged at Central Prison, Kadapa, and the alleged detenu No.2 was lodged at Juvenile Home, Kurnool, since he is aged about 13 years. It is further stated that the alleged detenus were also accused in Crime Nos.259 and 265 of 2008 for the oﬀence punishable under Section 379 of I.P.C., of I Town Police Station, Kadapa. 4. In view of the fact that the alleged detenus were remanded to judicial custody in pursuance of the judicial order of remand passed by the learned Magistrate, the question of issuing Writ of Habeas Corpus does not arise. 5. In fact, we are of the opinion that the writ petition had been ﬁled with an ulterior motive to pre-empt any action by the respondents-police in connection with their involvement in the oﬀences referred to above, which has resulted in wastage of valuable time of not only the investigating agency, but also this Court. This kind of vexatious litigation is not expected from the citizens. 6. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed. 7. Accordingly, the writ petition is dismissed, at the stage of admission, however, with costs of Rs.500/- (Rupees ﬁve hundred only). 8. Registry is directed to mark a copy of this order to the petitioner. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 05-08-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, I Town Police Station, Kadapa District. 2 The Superintendent of Police, Kadapa, Kadapa District. 3 The Station House Officer, Nellore. 4 The Superintendent of Police, Nellore. 5. Smt. Pujari Shanthi Kumari, W/o. Ramanaiah, R/o. Rallachelika Village, Sangam Mandal, Sree Potti Sreeramulu, Nellore District. 6. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 7. 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.15644 of 2008 05-08-2008 (Msr)