THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.24005 of 2009 Date: 20.11.2009 Between: Penke Appala Narasamma … Petitioner And The Station House Officer, Chodavaram Police station, Visakhapatnam District and another. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.24005 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This writ petition is initiated at the instance of the petitioner’s telegram dated 29.10.2009 wherein it is alleged that her son, namely Jaya Prasad was illegally detained on 28.10.2009 by the police of Chodavaram Police Station, Visakhapatnam District, that she is apprehending danger to his life and set him at liberty. 3. A counter affidavit has been filed by the first respondent-Sub- Inspector of Police, Chodavaram Police Station, Viskhapatnam District, stating inter alia that the alleged detenu is a habitual offender and there are three cases pending against him viz., Crime Nos.81 of 2009, 106 of 2009 and 107 of 2009 for the offence under Section 379 I.P.C. of Chodavaram Police Station. It is also stated that the alleged detenu is also involved in Crime No.113 of 2009 for the offence under Section 379 I.P.C. of Chodavaram Police Station, and was arrested in connection with the said crime and produced before the learned Additional Judicial First Class Magistrate, Chodavaram, Visakhapatnam District, who inturn remanded him to judicial custody. Pursuant to the said order of remand by the learned Magistrate, the alleged detenu is now lodged at Sub-Jail, Chodavaram. 4. Having regard to the facts stated in the counter affidavit, the question of illegal detention does not arise. There are no merits in the writ petition and the same is liable to be dismissed. 5. Accordingly, the writ petition is dismissed, at the stage of admission. There shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE R.KANTHA RAO 20.11.2009 Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.24005 of 2009 20.11.2009 (Msr)