IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE G.V.SEETHAPATHY WRIT PETITION NO : 1059 of 2009 Between: Pulugu Sarada W/o.Pulugu Ravi R/o.Nallapadu village Guntur Rural Mandal, Guntur District ..... PETITIONER AND 1 The Superintendent of Police, Guntur, Guntur District 2 The Deputy Superintendent of Police, Guntur Guntur District 3 Guntur Town Circle Inspector of Police (C.C.S) Guntur, Guntur District 4 The Staton House officer, Lalapet Crime Police Station Guntur, Guntur District 5 The Station House officer, Arundalpet Crime Police Station Guntur , Guntur 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 to issue an appropriate writ order or direction more particularly one in the nature of writ of Habeas corpus for production of Pulugu Ravi,S/o.Sambasiva Rao, Hindu, Aged 32 years, R/o.nallapadu village, Guntur Rural Mandal, Guntur District before this Hon`ble court forthwith as the action of the Respondents is arbitrary, illegal, un-constitutional against to the principles of natural justice and violations of Fundamentals rights guaranteeed under the Constitution of India and violation Articles, 19 and 21 of Constitution of India and pass Counsel for the Petitioner:MR.NARASIMHA RAO GUDISEVA 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 G.V.SEETHAPATHY WRIT PETITION NO.1059 OF 2009 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) The wife of the alleged detenu-Pulugu Ravi filed this writ of habeas corpus to direct the respondents to produce her husband and to set him at liberty. The petitioner alleges that on 19.1.2009 at 9.00 p.m., police personnel of Lalapet Crime Police Station, Guntur came to her house, created nuisance, abused her husband in filthy language and took away her husband from the house and thereafter, he has not been produced before any police station and her visits to the police station to get release her husband have not yielded any result. In response to the notice, the Sub-Inspector of Police, Arundalpet Crime Police Station, Guntur, 5th respondent herein filed an affidavit stating that the alleged detenu is an accused in Crime No.152 of 2008 for the offence under Section 379 I.P.C. on the file of Pattabhipuram Crime Police Station, which was registered on the complaint given by one Rupakula Sivaram Subrahmanyam. In connection with the said crime, Pattabhipuram Police effected the arrest of the alleged detenu on 30.01.2009 and in pursuant to his confession, recovered a motorcycle from his possession and he has been produced before the Special Judicial First Class Magistrate, Prohibition and Excise, Guntur. On such production, the learned Magistrate remanded the alleged detenu for judicial custody and accordingly, he is now lodged at District Jail, Guntur. It is stated that the alleged detenu is also involved in another case in Crime No.29 of 2009 for the offence under Section 379 I.P.C. on the file of Governorpet Police Station, Vijayawada. When the alleged detenu was produced before the learned Magistrate, he has not complained of any illegal detention, as alleged in the writ petition. Since the alleged detenu is an accused in connection with Crime No.152 of 2008 on the file of Pattabhipuram Crime Police Station and as he has been remanded to judicial custody as per the orders of the learned Magistrate, we see no merits in the allegations made in the writ petition. The writ petition is accordingly dismissed. No order as to costs. _________________ (A. GOPAL REDDY, J.) _______________ (G.V.SEETHAPATHY, J.) FEBRUARY 04, 2009 TSR