IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 6011 of 2009 Between: T.Muralikrishna S/o.Late T.S Mallikarjuna Rao Service H.No.13-6-463/A/7 NMDC Colony Ashok Vihar Talagadda Mehdipatnam Hyderabad ..... PETITIONER AND 1 The Station House Officer P.S Gannavaram Gannavaram Krishna District Andhra Pradesh 2 The Superintendent of Police Krishna District Andhra Pradesh .....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 to issue a writ of Hebeas Corpus or any other appropriate writ order or direction or order directing the respondents herein to produce the person ie the petitioner elder brother Shri T.Venugopala Krishna aged 59 years before this Honble Court and set him at liberty forthwith and pass Counsel for the Petitioner:MR.M.KALYANA RAMA KRISHNA 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 K.C. BHANU WRIT PETITION No. 6011 OF 2009 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) The petitioner states that he filed a private complaint before the V Metropolitan Magistrate, Gannavaram, Krishna District against his elder brother Mr.T.Venugopalakrishna, his wife, T.Hymavathi and their daughter V.Sucharitha and also against two persons by name Smt.T.Sita Mahalaxmi and her husband T.Vasudeva Rao and the same was referred to P.S.Gannavaram under Section 156(3) Cr.P.C. upon which, a case in Crime No.157 of 2008 was registered on 2.7.2008 under Sections 406, 418, 420 r/w Section 34 IPC, but no progress has been made in the investigation. He alleges that Mr.Vasudevara Rao with the help of other accused mentioned above, confined the brother of the petitioner with an apprehension that in the event of his questioning by the police with respect to the pendency of Crime No.157 of 2008, his brother may reveal the true facts of the lease of property of himself and his younger brother to his elder brother pertaining to Sy.No.926. Hence, he filed this writ petition seeking writ of habeas corpus to direct the respondents to produce the elder brother of the petitioner namely, T.Venugopal Krishna before this Court and to set him at liberty. When the petitioner specifically alleged that Mrs.Sita Mahalakshmi and her husband Mr.Vasudeva Rao with the help of others confined his brother, he did not choose to implead them in the writ petition nor lodged any complaint with the police complaining illegal confinement of his brother. Hence, on this ground alone, the writ petition cannot be entertained and the same is accordingly dismissed. No costs. _________________ (A. GOPAL REDDY, J.) _______________ (K.C. BHANU, J.) MARCH 23, 2009 TSR