IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE G.V. SEETHAPATHY WRIT PETITION NO : 27627 of 2008 Between: Polakommu Ravana, W/o. Venkataswamy, Podili Village and Mandal, Prakasam District. ..... PETITIONER AND 1 The Station House Officer, Markapur Police Station, Prakasam District. 2 The Superintendent of Police, Prakasam District at Ongole. .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that for the reasons stated in the "Petition" dated 05-12-2008 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 viz. Polakommu Venkataswamy S/o. Narayanaswamy before this Hon'ble Court, who was detained by the S.I. of Police Markapur Police Station on 4-12-2008 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: LETTER Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following : ORDER: (per Sri A. Gopal Reddy, J) This is a taken up writ petition on the basis of petition dated 05- 12-2008 sent by the petitioner alleging that her husband namely Polakommu Venkataswamy, son of Nagayanaswamy has been illegally detained by the Sub-Inspector of Police, Markapuram Police Station on 04-12-2008 and she apprehends danger to his life. In response to notice, the Sub-Inspector of Police, Markapuram Police Station, the 1st respondent herein filed an affidavit stating that at no point of time, the alleged detenue was illegally detained and his enquiries further revealed that the alleged detenue is moving freely attending to his day to day work. Therefore, a formal requisition has been made to the Tahsildar-cum-Mandal Executive Magistrate, Markapur Mandal within whose jurisdiction the alleged detenue has been residing, to record his statement. The statement recorded by the Tahsildar which is enclosed along with the affidavit discloses that there is a civil dispute between the alleged detenue and one Konda Mallikarjuna Reddy who visited the house of the alleged detenue and took him to the village elders and that he has not been illegally detained by the police, as alleged in the petition. The statement of the alleged detenue recorded by the Tahsildar falsifies the contents of the petition that he has been illegally detained by the police and, therefore, no credence can be given to the same. The writ petition is accordingly dismissed. A.GOPAL REDDY, J G.V.SEETHAPATHY, J 31-12-2008 ks