IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 7736 of 2009; WRIT PETITION NO : 7954 of 2009; WRIT PETITION NO : 7955 of 2009; AND WRIT PETITION NO : 8106 of 2009 WRIT PETITION NO : 7736 of 2009 Between: K. Rajinikanth S/o. Late Sambasiva Rao R/o. 59A-5-N/1, New P & T Colony-II Plot No. 75, Vijayawada-8, Krishna District. ..... PETITIONER AND 1 The State of Andhra Pradesh Rep. by the its Principle Secretary (HOme) Secretariat Buildings, Hyderabad. 2 The Commissioner of Police Vijayawada. 3 The Asst. Commissioner of Police Central Division, Vijayawada 4 The Station House Officer Cum Inspector of Police Machavaram Police Station (7th Town PS) Vijayawada. 5 The Sub Inspector of Police Machavaram Police Station (7th Town P.S.) Vijayawada. .....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 a writ order or direction more particualrly one in the natrue of writ of Habeas Corpus to produce the body of K. Srinivas S/o. Late K. Venkat Narayana aged 32 years K. Sriram S/o. Late K. Venkat Narayana, aged 29 years P.V.V. Mohan Rao and D. Sudhakar Asst. Commercial Tax Officer, Vijayawada Circle, aged 50 yrs who are in the illegal, custody of the respondent police, forthwith before this Hon'ble Court and set them at liberty and pass Counsel for the Petitioner:MR.GVNRSSS.VARA PRASAD Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : WRIT PETITION NO : 7954 of 2009 Between: M.V. Sai Krishna, S/o. Sri M.J.V. Rama Rao Gurunanak Nagar, Vijayawada-8 ..... PETITIONER AND 1 The Station House Officer, Machavaram Police Station, Vijayawada, Krishna District. 2 The Superintendent of Police, Krishna District at Machilipatnam. .....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 Order, direction, or a Writ, more particularly one in the nature of Writ of Habeas Corpus directing the Respondents herein to produce the father of the Petitioner's friend herein namely D. Sudhakar working as A.C.T.O., before this Hon'ble Court, who is illegally detained since 10/04/2009 at 11.00 P.M. by the police of Machavaram Police Station and 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:FAX MESSAGE Counsel for the Respondent No.: THE ADVOCATE GENERAL WRIT PETITION NO : 7955 of 2009 Between: Smt. P. Nagakalipriya, W/o. P. Veera Venkata Mohana Rao, Machavaram, Krishna District. ..... PETITIONER AND 1 The Station House Officer, Machavaram Police Station, Vijayawada, Krishna District. 2 The Superintendent of Police, Krishna District at Machilipatnam. .....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 11-04-2009 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 husband of the Petitioner herein namely Penneru Veera Venkata Mohana Rao, S/o. Raghava Rao, before this Hon'ble Court, who is illegally detained since 10/04/2009 at 10.30 P.M. by the Circle Inspector of Police, Machavaram Police Station and 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 WRIT PETITION NO : 8106 of 2009 Between: K. Rajanikanth, S/o. Late Sambasivarao, resident of Sitarampuram, Vijayawada-3 ..... PETITIONER AND 1 The Station House Officer, Machavaram Police Station (7th Town Police Station), Vijayawada, Krishna District. 2 The Commissioner of Police, Vijayawada, Krishna 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 For the reasons stated in the "Fax Message" dated 11-04-2009 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 Kona Sriram, aged about 29 years and Kona Srinivas, aged about 33 years, Both are sons of late Kona Venkata Narayana, residents of Flat No. 106, Sriram Towers, Brundavan Colony, Vijayawada-10, before this Hon'ble Court, who are illegally detained on 11-04-2009 at 02.00 P.M. by the police Machavaram Police Station (7th Town Police Station) and apprehending danger to their lives and set them 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:FAX MESSAGE 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 K.C. BHANU WRIT PETITION Nos.7736, 7954, 7955 & 8106 OF 2009 COMMON ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) By means of filing W.P.No.7736 of 2009, petitioner seeks direction to the respondents for production of (1) K.Srinivas; (2) K.Sriram; (3) P.V.V. Mohan Rao; and (4) D.Sudhakar alleging their illegal detention by the police. In the affidavit filed in support of the petition, it is alleged that K.Srinivas and K.Sriram are the friends of the petitioner and their father was dealing with business in M/s.Sai Latha Chit Fund (P) Ltd., Labbipet, Vijayawada, who died on 10.3.2009. After his death, some of the police personnel came to the house of K.Srinivas and K.Sriram, who are alleged detenu No.1 and 2 and pressurized them to execute promissory notes etc. and harassed in different modes and at last, on 10.4.2009 at 10.30 p.m., the respondents 4 and 5 took the alleged detenu Nos.1 and 2 to the police station and put them in the lockup. Again on 11.4.2009 at 2.00 p.m. the respondents 4 and 5 illegally took away the alleged detenus 1 and 2 and put them in the lockup, and that the alleged detenus 3 and 4 are also in illegal custody of the respondents and since then they are in illegal custody. Writ Petition Nos.7954 of 2009, 7955 of 2009 and 8106 of 2009 were taken up on the basis of the fax message and telegram sent with regard to the illegal detention of the above named persons. A common counter affidavit is filed by the Inspector of Police, Machavaram Police Station, which discloses that on lodging a complaint by one K.Saibabu with VII Town Police Station, Machavaram, Vijayawada, a case in Crime No.212 of 2009 for the offences under Sections 420 and 506 IPC and Sections 4 and 5 of Prize Chits and Money Circulation Banning Act was registered on 10.4.2009 and investigation was taken up. While so, on 15.4.2009 the alleged detenus 1,2 and 3 themselves surrendered before VII Town Police Station, Machavaram, Vijayawada, and that after recording their statements and effecting their arrest, produced them before the I Additional Chief Metropolitan Magistrate, Vijayawada on the same day. On such production, the learned Magistrate remanded them to judicial custody and pursuant to the remand order, the alleged detenus 1 to 3 are lodged at Sub-Jail, Vijayawada. Subsequently, on a petition filed by the police, the learned Magistrate granted police custody of the alleged detenus 2 to 3 from 25.4.2009 to 30.4.2009. So far as alleged detenu No.4 i.e. D.Sudhakar is concerned, it is stated that the alleged detenu No.4, who is working as Assistant Commercial Tax Officer, Vijayawada Circle was never taken into custody. The letter of the Deputy Commissioner (Commercial Tax), No.1 Division, Vijayawada in Rc.A2/60/2009, dated 24.4.2009 addressed to the Inspector of Police, Machavaram Police Station is placed on record, which discloses that the alleged detenu No.4 had attended to duty on 13.4.2009 and proceeded on casual leave from 15.4.2009 to 22.4.2009. The said letter itself discloses that the alleged detenu No.4 was not illegally detained as alleged in the writ petition or in the telegrams. In view of the fact that the alleged detenus 1 to 3 were arrested in connection with Crime No.212 of 2009 of VII Town Police Station, Machavaram, Vijayawada and as the letter of the Deputy Commissioner (CT), Division No.1 of Vijayawada discloses that the alleged detenu No.4 was never illegally detained, we see no merits in any of the writ petitions and they are accordingly dismissed. No costs. _________________ (A. GOPAL REDDY, J.) _______________ (K.C. BHANU, J.) MAY 01, 2009 TSR