IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY and THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 10808 of 2008 Between: K. Daraiah, S/o. Rosaiah, R/o. Thaticherla Village, Komarole Mandal, Prakasam Dist. ..... PETITIONER AND 1 The Station House Officer, Giddalur, Giddalur Police Station, Prakasam District. 2 The Superintendent of Police, Ongole, Prakasam District. .....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 05-05-2008 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 sons of the Petitioner, herein namely (1) Kola Babu Rao and (2) Kola Rosaiah, before this Hon'ble Court, who were illegally detained since last three days by the police of Giddalur Police, Prakasam District 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 Respondents: THE ADVOCATE GENERAL The Court made the following : THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY and THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 10808 of 2008 ORDER: (Per Hon'ble Sri Justice L.Narasimha Reddy) This Writ of Habeas Corpus is taken on file on the basis of a telegram dated 5.5.2008 sent by K. Daraiah, the petitioner herein. It was complained that his sons by name, Kola Babu Rao and Kola Rosaiah were taken away by the police of Giddalur. The Sub-Inspector of Police, Giddalur, the 1st respondent herein, filed a counter affidavit as well as the material papers. We heard the learned Advocate General and perused the records. It is seen from the counter affidavit filed by the 1st respondent that the first detenu by name, Kola Babu Rao, has figured as accused in as many as seven crimes under various Sections, such as, 457, 379 and 380 of I.P.C. It is also stated that he was arrested on 16.5.2008 by the police of Cumbum P.S., in connection with Crime Nos. 6 and 10 of 2008 under Section 379 of I.P.C. It is further stated that he was produced before the Additional Judicial First Class Magistrate, Cumbum on 17.5.2008 and thereafter he was remanded to judicial custody. As regards the second detenu, i.e., Kola Rosaiah, it is stated that he was arrested by the police of Racherla P.S., on the intervening night of 25/26.5.2008 at 1.00 A.M. in connection with Crime No. 8 of 2008. It is also stated that he was produced before the Mandal Executive Magistrate-cum- Tahsildar, Racherla on 26.5.2008, who in turn stated to have released him after binding over. In view of the facts mentioned in the counter affidavit, nothing remains to be decided in this writ petition and it is accordingly dismissed. _______________________ L.NARASIMHA REDDY,J Date: 28th May, 2008 ___________________________ RAMESH RANGANATHAN ,J pnb/vgb To 1 The Station House Officer, Giddalur, Giddalur Police Station, Prakasam District. 2 The Superintendent of Police, Ongole, Prakasam District. 3 2 CCs to the Advocate General, High Court Buildings, Hyderabad.(OUT) 4. 2 CD copies ..... REGISTRAR // TRUE COPY // SECTION OFFICER