IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 20163 of 2008 Between: Smt.Nagendla Mary Vijayamma W/o.Late Joseph R/o.24-16-10, 3rd Lane, Bavajipet, Vijayawada, Krishna District. ..... PETITIONER AND 1 The Superintendent of Police, Prakasam District, Ongole. 2 The S.I. of Police, II Town Ongole, Prakasam District. 3 The Director General of Police, Government of A.P. Lakdikapool, Hyderabad. 4 The Government of Andhra Pradesh, rep. by its Secretary, Home Department, Secretariat, Hyderabad. .....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 Habeas Corpus, directing the Respondents to produce Petitioner's son Nagendla Ratna Bhoopal AGed about 43 years R/o. 24-16-10, 3rd lane Bavajipet, Vijayawada, Krishna District, before this Hon'ble High Court and declare that his detention by the Respondents is illegal and pass such other order or orders. Counsel for the Petitioner:MR.P.VENKATA RAO Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : THE HON'BLE MR JUSTICE D.S.R.VARMA And THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.20163 of 2008 ORAL ORDER: (per the HON’BLE SRI JUST ICE D.S.R.VARMA) Heard the learned counsel for the petitioner as well as the Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This writ of Habeas Corpus is ﬁled, under Article 226 of the Constitution of India, seeking to direct the respondents to produce the petitioner’s son by name Nagendla Ratna Bhoopal, aged about 43 years, resident of 24-16-10, 3rd lane, Bavajipet, Vijayawada, Krishna District, before this Court, and to declare that his detention by the respondents is illegal. 3. It is stated in the aﬃdavit, ﬁled in support of the writ petition, that, while the son of the petitioner i.e., the alleged detenu was coming out of the Court hall, after attending a case at Eluru, on 11.09.2008, some persons claiming to be police took him away from the Court premises; that, on 13.09.2008, a team of police headed by Sri Anthony Raj, Sub-Inspector of Police, II Town Police Station, Ongole, trespassed into the house of one Prasanna, the daughter of the petitioner, with whom the petitioner is residing at Vijayawada, brought her son before them, beat him brutally and abused with ﬁlthy language in their presence and also threatened the petitioner and her daughter with dire consequences and that the police have created a scene at the house of the daughter-in- law of the petitioner also, on 13.09.2008, at midnight, and left with a warning that the son of the petitioner would be killed in encounter, if they do not arrange a sum of Rs.2,00,000/-, by 14.09.2008. 4. In the counter aﬃdavit, ﬁled by the second respondent, the Sub Inspector of Police II Town Police station, Ongole, it is stated that he caused enquiries into the whole matter and came to know that, on 19.09.2008, the alleged detenu was, in fact, taken into custody, by the Police, I Town Police Station, Chirala, in connection with Crime No.224 of 2008, for the oﬀence punishable under Section 379 I.P.C., and was produced before the Mandal Executive Magistrate, Chirala, as the concerned Additional Judicial Magistrate of I Class, Chirala, was out of station, and consequently the alleged detenu was remanded to judicial custody, pursuant to which, he was lodged in District Jail, Ongole. The allegation that they demanded a sum of Rs.2,00,000/- is denied in the counter affidavit. 5. In view of the revelations in the counter aﬃdavit, we do not ﬁnd any reason warranting interference of this Court with the matter and hence the writ petition fails and is liable to be dismissed. 6. In the result, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 25.09.2008 kvsn