IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY 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 : 8441 of 2008 Between: Kumpati Mohan, S/o. Polaiah, Besides Amaravathi Hotel, Naidupet, Nellore District. ..... PETITIONER AND 1 The Station House Officer, Naidupet Police Station, Naidupe, Nellore District. 2 The Superintendent of Police, Nellore District. .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that for the reasons stated in the "Telegram" dated 15-04-2008 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 father, namely Kumpati Allaiah, S/o. Polaiah, Besides Amaravathi Hotel, Naidupet, before this Hon'ble Court, who is illegally detained since 4 days by the police of Naidupet, Nellore District and apprehending danger to his life and set him 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 s: THE ADVOCATE GENERAL The Court at the stage of admission made the following : ORDER: (per Sri B. Seshasayana Reddy, J) Telegram dated 15-04-2008 sent by Kumpati Mohan has been taken up as a writ petition. It is stated in the telegram that the father of the petitioner viz., Kumpati Allaiah has been illegally detained by the Station House Officer, Naidupet Police Station since four days prior to 14-04-2008. On notice being served, the 1st respondent has filed counter affidavit. One M. Kamalakar Rao, Sub-Inspector of Police, Naidupeta Police Station has sworn to the affidavit. It is stated in the affidavit that the contents of telegram dated 15-04-2008 were got enquired into and found that the alleged detenu has been moving freely. Tahsildar-cum-Mandal Executive Magistrate, Naidupet Mandal conducted enquiry and recorded the statements of the alleged detenu and the petitioner herein. The statements of the alleged detenu and the petitioner have been placed on record. It is explicit from the statements that at no point of time, the Station House Officer, Naidupet Police Station detained Kumati Allaiah. Even the contents of the telegram have been denied by the petitioner in his statement recorded by the Mandal Executive Magistrate on 25-04-2008. Hence, the writ petition is liable to be dismissed and accordingly, the same is dismissed. A.GOPAL REDDY, J B.SESHASAYANA REDDY, J 02-05-2008 ks ………... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Naidupet Police Station, Naidupe, Nellore District. 2 The Superintendent of Police, Nellore District. 3 2 CCs to the Advocate General, High Court of Andhra Pradesh, Hyderabad (OUT). 4 2 CD copies.