IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.CHANDRA KUMAR Taken UP WRIT PETITION No. 4050 of 2009 Between: Sri. K. Kesavulu, Chittoor ..... PETITIONER AND 1 The Station House Officer, Pedda Panjani Police Station, Chittoor District. 2 The Superintendent of Police, Chittoor District at Chittoor. .....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 For the reasons stated in the "Telegram" dated 22-02- 2009 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 son namely K. Prakash Babu, aged 29 years, R/o. Dasarapalle Village and Raghava, S/o. Driver Mareppa, before this Hon'ble Court, who are kidnapped from Palemaner to Dinnepalle Village, Paddapanjani Mandal by Sreenivasulu, S/o. Venkatachalam, Vijayakumar, S/o. Subramanyam of Dasarlapalle Village alongwith their relatives Hari Viswanath Narasimha Seenu of Dinnepalle Village, Peddapanjani Mandal, beaten them and kept in unlawful custody Peddapanjani Police Station without providing treatment, 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: Oral Order: (Per Honourable Sri Justice A.Gopal Reddy) This is a taken up writ petition on the basis of telegram dated 22-02-2009 sent to the Honourable Chief Justice alleging that the petitioner’s son, namely, K.Prakash Babu and Raghava s/o Mareppa are kidnapped from Palemner to Dinnepalle Village, Peddapanjani Mandal by Sreenivasulu s/o Venkatachalam, Vijaykumar s/o Subramanyam of Dasarlapalle village along with their relatives Hari Viswanath Narasimha Seenu of Dinnepalle village and kept them in unlawful custody in Peddapanjani police station and apprehending danger to their lives. In response to notice, the Sub-Inspector of Police, Pedda Panjani Police Station—1st respondent herein filed an affidavit stating that both the alleged detenus were arrayed as accused Nos.1 and 2 in Cr.No.15 of 2009 registered for the offence under Section 354 r/w 34 IPC by the Pedda Panjani Police Station on 22-02-2009 on a compliant given by Mr.C.Seenappa @ Srinivasulu r/o Dasarlapalle village and in connection with the said crime, the alleged detenus were arrested on the same day i.e.22-03-2009and subsequently on the next day i.e. 23-02- 2009 they were produced before the Judicial First Class Magistrate, Punganur. On such production the learned Magistrate remanded them to judicial custody. Pursuant to remand order the alleged detenus was initially lodged in Sub-Jail, Madanapalle and later they were enlarged on bail on 04-03- 2009. Further, against the alleged detenus and two others a Cr.No.88 of 2008 was registered for the offence under Sections 376(2) (F), 366(A) r/w 34 IPC by the V.Kota Police Station, which is under investigation. Admittedly, the above telegram appears to have sent after the arrest of the alleged detenus in Cr.No.88 of 2008 by V.Kota Police. In view of the fact that the alleged detenus immediately after their arrest produced before the Magistrate and remanded to judicial custody, petitioner cannot complain that the police illegally detained the detenus without obtaining lawful order. The writ petition fails and it is accordingly dismissed. ________________ A.GOPAL REDDY, J. __________________ B.CHANDRA KUMAR,J 16-03-2009 Murthy ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Pedda Panjani Police Station, Chittoor District. 2 The Superintendent of Police, Chittoor District at Chittoor. 3 2 CD copies