HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE G.BHAVANI PRASAD Taken up WRIT PETITION No.20293 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) Smt. K.Vani, W/o Ramaiah, had sent a telegram to the Hon’ble the Chief Justice of this Court and the same is registered as writ petition, with a prayer to produce Ramaiah, the husband of Smt. K.Vani before this Court and to set him at liberty forthwith. 2. Smt. K.Vani, the petitioner has alleged that her husband had been illegally detained since 09-09-2008 by Yadamarri Police Station, Chittoor district, in connection with Crime No.69 of 2008 of Yadamarri Police Station and that he was not produced before the court. She also apprehends danger to his life and torture by the police. 3. The Sub-Inspector of Police, Yadamarri Police Station, has ﬁled an aﬃdavit stating that on 08-09-2008, V.Satish Kumar, Deputy General Manager, Suguna Poultry Farms, Chittoor, lodged a complaint with the Police Station stating that the alleged detenue and others committed the offence of concealment and illegal disposal of raw material such as maize, soya seeds and oil etc., and wrongfully gained Rs.47,02,253/- by selling the same. On the basis of complaint, a case in Crime No.69 of 2008 was registered for the oﬀence under Sections 403, 406, 408, 420 r/w 120-B of Indian Penal Code and investigation was taken up. It is also stated that the alleged detenu is shown as accused in the said crime and he was arrested on 17-09-2008 and produced before IV Additional District Munsif Magistrate, Chittoor, who remanded him in judicial custody. Thereafter, the alleged detenu was enlarged on regular bail on 19-09-2008. Copy of FIR in Crime No.69 of 2008 of Yadamarri P.S. and the remand report in respect of the accused have been filed before us. 4. The contents of the aﬃdavit are stated on oath and sworn by the Sub-Inspector of Police, Yadamarri Police Station, Chittoor district, who is a responsible oﬃcial, and there is no reason to disbelieve the same. In fact, the FIR and remand report clearly show that the alleged detenue is said to be involved in the crime and after his arrest and judicial custody, he was enlarged on bail. The petitioner has not complained about ill-treatment and harassment by the police during the remand proceedings. Having regard to the averments in the aﬃdavit, FIR and remand report, it cannot be said that alleged detenu was illegally detained and the police tortured him. In the circumstances, we do not want to continue these proceedings. 5. Accordingly, the writ petition is closed. ___________________________ GHULAM MOHAMMED, J. ________________________ G.BHAVANI PRASAD, J. 16-10-2008 bsc IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 20293 of 2008 Between: K. Vani, W/o. Ramaiah, Poolakandiga Village, Yadamarri Mandal, Chittoor District. ..... PETITIONER AND 1 The Station House Officer, Yadamarri Police Station, Chittoor District. 2 The Superintendent of Police, Chittoor District, A.P. .....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 For the reasons stated in the "Telegram" dated 11-09-2008 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 husband by name Sri. Ramaiah at K. Subramanyam, Supervisor in Shanmuga feeds, Poolakandiga Village, Yadamarri Mandal, Chittoor District, before this Hon'ble Court, who is illegally detained since 09/09/08 by the Yadamarri Police, 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 No.: THE ADVOCATE GENERAL The Court made the following :