IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER 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.18425 of 2008 Between: P.Ramanamma, W/o. Potharaju, R/o. Shanker Nagar, Bhaget Singh Colony, Sarrornagar, Ranga Reddy District. ..... PETITIONER AND 1 Director of General of Police, Andhra Pradesh, Hyderabad. 2 Station House Officer, Balanagar Plice Station, Ranga Reddy District. 3 Commissioner of Police, Cyberabad Commissionerate, Ranga Reddy 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 issue a Writ order or direction more particularly one in the nature of WRIT OF HABEAS CORPUS declaring the illegal action of the respondents illegally detaining petitioner named Chiranjeevi, S/o.Pothraju aged about 25 years, and under relative Mrs.M.Lakshmidevi, W/o. Venkataramana aged about 30 years, without stating any reasons and not producting before the concerned magistrate within the period of 24 hours illegal arbitrary and violation of Art. 14, 19 and 21 of Indian Constitution and consequently direct the Respondent to produce son named, P.Chiranjeevi, S/o.Potharaju aged 25 years, and relatives mrs.M.Lakshmidevi,W/o. Venkataramana aged about 30 years, who are illegally detained in Balanagar Police Station and set and them at liberty. Counsel for the Petitioner : MR.KOONA REDDY ANJI REDDY 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 WRIT PETITION No.18425 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. This Writ of Habeas Corpus is ﬁled seeking a direction to the respondents for production of (1) Sri Chiranjeevi, s/o. Potharaju, aged about 25 years, and (2) Smt. M.Lakshmidevi, w/o. Venkataramana, aged about 30 years, who were illegally detained by the respondents, before this Court and set them at liberty, forthwith. 3. A counter aﬃdavit has been ﬁled by the Inspector of Police, Balanagar Police Station, Cyberabad, representing the second respondent herein, stating that the alleged detenu No.1 viz., Chiranjeevi was taken into custody by the police of Bowenpally Police Station in connection with Crime No.268 of 2008 for the oﬀence punishable under Section 382 of Indian Penal Code, on 24-08-2008 and produced before the XI Additional Metropolitan Magistrate, Secunderabad, on 25-08- 2008, who inturn remanded him to judicial custody. Pursuant to the said remand order, the alleged detenu No.1 is now lodged in Central Prison, Chenchalguda, Hyderabad. 4. So far as the alleged detenu No.2 viz., Mrs. M.Lakshmidevi is concerned, it is stated that she was not arrested by the police either on the alleged date or any other subsequent date. It is also stated that the alleged detenu No.2 was moving freely and in order to substantiate the same, on a requisition made by the police, the statement of the alleged detenu No.2 was also recorded by the Mandal Executive Magistrate, Saroornagar, on 27-08-2008, wherein she stated that the police of Bowenpally had examined her in connection with a crime and let oﬀ as she was not required in any other crime and that she is now moving freely. The said statement of the alleged detenu No.2, which was recorded by the Mandal Executive Magistrate, Saroornagar Mandal, Ranga Reddy District, is made part of the record. 5. In view of the categorical statement made by the second respondent in the counter aﬃdavit, when it is not shown that both the alleged detenus were in illegal custody, the question of issuing Habeas Corpus does not arise. 6. For the foregoing, we see no grounds in the writ petition and the same is liable to be dismissed. 7. 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 04-09-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Director of General of Police, Andhra Pradesh, Hyderabad. 2 Station House Officer, Balanagar Police Station, Ranga Reddy District. 3 Commissioner of Police, Cyberabad Commissionerate, Ranga Reddy District. 4. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 5. 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.18425 of 2008 04-09-2008 (Msr)