IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF NOVEMBER 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. 22730 of 2008 Between: Goddalu Penchalamma W/o.Satteiah, Startpuram, Bapatla Mandal, Guntur District ..... PETITIONER AND 1 The Station House officer, Chirala , Prakasham District 2 The Station House officer, C.C.S.Ananthapur District 3 The Superintendent of Police, Prakasam District at Ongole 4 The Superintendent of Police, Ananthapur District at Ananthapur .....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 issue an order direction or a writ more particularly one in the nature of writ of Hebeas corpus directing the respondents herein to produce the petitioner son in law viz., Ballani Venu,S/o.Venktaiah, before this Hon`ble court who was illegally taken away on 13.10.2008 by the police of Chirala ,Prakasam District apprehending danger to his life and set him at liberty forthwith and to pass Counsel for the Petitioner:TELEGRAM Counsel for the Respondents : THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.22730 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is initiated at the instance of the petitioner’s telegram, dated 16-10-2008, wherein it is alleged that the petitioner’s son-in-law viz., Ballani Venu, s/o. Venkataiah, was illegally taken away on 13-10-2008 by the Police of Chirala Police Station, Prakasam District, that she is apprehending danger to his life and set him at liberty. 3. A counter aﬃdavit has been ﬁled by the Inspector of Police, Central Crime Station, Anantapur, representing the second respondent herein, stating that the alleged detenu is an accused in Crime No.2 of 2008 for the oﬀence punishable under Section 394 I.P.C., of III Town Police Station, Anantapur, which was registered way back on 03-06-2008 basing on a complaint given by one B.N. Niranjan Kumar, Advocate, resident of R.K.Nagar, Anantapur Town. In connection with the above said crime, the alleged detenu was arrested on 18-10- 2008 and produced before the Additional Judicial First Class Magistrate, Anantapur, who inturn, remanded him to judicial custody. Pursuant to the remand order, dated 18-10-2008, of the learned Magistrate, the alleged detenu is now lodged at District Jail, Anantapur. 4. In view of the facts stated in the counter aﬃdavit, since the detention of the alleged detenu is in pursuance of the judicial order, the question of illegal detention does not arise. 5. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed. 6. 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 07-11-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House officer, Chirala , Prakasham District 2 The Station House officer, C.C.S.Ananthapur District 3 The Superintendent of Police, Prakasam District at Ongole 4 The Superintendent of Police, Ananthapur District at Ananthapur. 5. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 6. 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.22730 of 2008 07-11-2008 (Msr)