IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETH DAY OF JUNE 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.11578 of 2008 Between: Smt. Pala Tirupathamma W/o. Narayana R/o. Sareen Nagar, Kollur Mandal, Kurnool District. ..... PETITIONER AND 1. The Government of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Hyderabad. 2. The Superintendent of Police, Chittoor District, Chittoor. 3. The Dy. Superintendent of Police, Tirupathi, CHittoor District. 4. The Sub Inspector of Police, Yadamarri Police Station, Chittoor 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 directing the respondents herein to produce the detenues Viz., 1) Pala Narayana S/o. Bala Kotaiah , aged 37 yrs (2 ) Pala Venkateswar Rao S/o. Rama Swamy, aged 33 yrs, (3) Ganta Krishnaiah S/o. Ramanaiah , aged 40 yrs, (4) Sri Ram Ajay S/o. Venkata Rao, aged 25 yrs, before this Hon'ble Court and to set their at liberty after declaring their arrest as illegal, arbitrary and unconstitutional and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner : SMT.VANGAANITA Counsel for the Respondents : 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.11578 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. The present writ of Habeas Corpus is filed to produce the detenus 1 to 4 viz., 1 ) Pala Narayana, S/o. Bala Kotaiah, aged 37 years; (2) Pala Venkateswar Rao, S/o. Rama Swamy, aged 33 years; (3) Ganta Krishnaiah, S/o. Ramanaiah, aged 40 years; and (4) Sri Ram Ajay, S/o. Venkata Rao, aged 25 years, before this Court, on the ground that they were wrongfully taken away by the respondents and kept in the custody of the Sub-Inspector of Police, Yadamarri Police Station, Chittoor District. 3. A detailed counter affidavit has been filed by the fourth respondent – Sub-Inspector of Police, Yadamarri Police Station, Chittoor District, stating that in pursuance of a case in Crime No.20 of 2008, registered for the offence under Section 395 of Indian Penal Code (IPC) of Thavanampalli Police Station, Chittoor District, the alleged detenus along with 3 others were apprehended by the police on 30-05-2008 at 7-30 a.m., at Bodikonda, near Ramabhadrapuram village, Yadamarri Mandal, and after complying with necessary formalities, they were produced before the IV Judicial First Class Magistrate, Chittoor, on 31-05-2008, and in pursuance of the remand order passed by the learned Magistrate, they were now lodged at Grade-II Sub-Jail, Chittoor. 4. Having regard to the facts stated in the counter affidavit, the question of illegal detention does not arise and the writ petition is liable to be dismissed. 5. Accordingly, 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 09-06-2008. Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Government of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Hyderabad. 2. The Superintendent of Police, Chittoor District, Chittoor. 3. The Dy. Superintendent of Police, Tirupathi, CHittoor District. 4. The Sub Inspector of Police, Yadamarri Police Station, Chittoor District. 5. Two CCs to Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. 6. Two C.D. copies. THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.11578 of 2008 09-06-2008 (Msr)