IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF JANUARY, TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 28592 of 2008 Between: J. Jangamma W/o. Mallesh, R/o. H.NO.6-30, Pratapsingaram Village, Ghatkesar Mandal, R.R. District. ..... PETITIONER AND 1 The Station House Officer, Ghatkesar Police Station, R.R. District. 2 The Commissioner of Police, Cyberabad, R.R. District. 3 The Director General of Police, A.P. Lakidikapool, Hyderabad. .....RESPONDENTS 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 an order or orders more particularly one in the nature of Writ of Habeas Corpus directing the Respondents No.1 herein to produce the detenue namely viz., Jogu Mallesh, S/o. Lakshmaiah aged about 30 years, Occ: Auto Driver R/o. H.NO.6-30, Pratapsingaram Village, Ghatkesar Mandal, R.R. District before this Hon'ble Court and record his statement and set him at liberty and direct the respondent No.2 herein to initiate Departmental and Criminal Action against the respondent No.1 for violating the right to life and personal liberty of the detenue herein and pass Counsel for the Petitioner:MR.V.RAGHUNATH Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : ORAL ORDER (Per the Hon’ble Sri Justice V.Eswaraiah) Heard the learned Government Pleader for Home, representing the learned Advocate General, appearing for the respondents. The petitioner who is wife of the alleged detenue Jogu Mallesh seeks a writ of habeas corpus for production of her husband, who is alleged to have been detained in the first respondent police station from 26.12.2008. In response to the notices issued by this Court, the first respondent – Inspector of Police, Ghatkesar, Cyberabad filed counter affidavit stating inter alia, that the alleged detenu is accused No.2 in Cr.No.319 of 2008 for the offences punishable under Sections 447 and 427 IPC of Ghatkesar Police Station and that on 30.12.2008 the alleged detenue was arrested and produced before the learned III Metropolitan Magistrate, Cyberabd, at L.B. Nagar, who remanded him to judicial custody and was also released on bail subsequently. In view of these revelations made in the counter-affidavit, we do not find any truth in the allegations made by the petitioner, the writ petition fails and is accordingly dismissed at the stage of admission. However, there shall be no order as to cost. _________________ Justice D.S.R.Varma _________________ Justice V.Eswaraiah January 7, 2009 MAS