IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF AUGUST 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.15574 of 2008 Between: G. Balamma, Flat No. 20, JaibhawaniApartments, Bapujinagar, Nacharam, Hyderabad - 500 076. ..... PETITIONER AND 1 The Station House Officer, Nacharam Police Station, Nacharam, Hyderabad District. 2 The Commissioner of Police, Cyberabad, Hyderabad. .....RESPONDENTS 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 "Letter" dated 10-07-2008 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 son of the Petitioner herein viz., G. Hanumanthu, before this Hon'ble Court, who was illegally taken away by the police of Nacharam 3 months back, 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 : THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.15574 of 2008 ORAL ORDER: (per the HON’BLE SRI JUST ICE D.S.R.VARMA) Heard the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This writ petition is taken up basing on a letter, dated 10.07.2008, addressed to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, by one G.Balamma, resident of Hyderabad, alleging that three months back her son by name G.Hanumanthu was taken away by the Police personnel of Nacharam Police Station for the satisfaction of the prostitute by name Jalaja and the Police are not taking any action in this regard. 3. In response to the notice, issued by this Court, respondent No.1-Inspector of Police, Nacharam Police Station, Cyberabad, Hyderabad, ﬁled a detailed counter-aﬃdavit stating, inter alia, that there is no need nor there was any occasion or necessity for the ﬁrst respondent-Police to illegally detain the alleged detenu. 4. It is further stated that as a part of investigation, when the Police tried to locate the address of the petitioner, it came to light that the petitioner is not at all residing at Flat No.20, Jaibhawani Apartment, Bapujinagar, Nacharam, Hyderabad, and there is no person by name G.Balamma residing in any of the Flats of the said apartment. When the inmates of the ﬂats of the said apartment were questioned, they stated that there is no person by name G.Balamma residing in their apartment. However, enquiry was also caused through the Additional Mandal Revenue Inspector to locate the petitioner in order to get the full information and particulars about the missing son of the petitioner, and he also categorically stated that there is no person by name G.Balamma residing in the said apartment. 6. It is further stated that the Police never kept the son of the petitioner under detention at the instance of one Jalaja. The said Jalaja was also examined on 23.07.2008, who categorically denied about her involvement in the missing of the son of the petitioner. She further stated that she was not aware of any persons by name G.Balamma and G.Hanumanthu. According to her, she is running a Tailoring shop, Beauty Parlour and Ladies Emporium at H.No.1-121/4, Plot No.40, Opposite St. Pois Womens College, V.S.T. Colony, Nacharam, for the past nine months and she is married and her husband’s name is Ramachandra and she has a male child also. However, since there were disputes between the spouses, the said Jalaja has been living separately with her son. 7. As regards the allegation that the son of the petitioner was killed by the hired killers, at the instance of said Jalaja, who colluded with Sridhar Reddy and Srinivasulu Reddy, who are her own sister’s sons, she deposed that she has no contact either with her sister or with her sister’s sons. 8. Admittedly, three months after the alleged kidnap of G.Hanumanthu, the present letter has been addressed to this Court. 9. In view of the detailed enquiry into the matter by the Police and the information furnished in the counter-aﬃdavit, we do not feel it a ﬁt case to interfere by way of issuing a writ of Habeas Corpus since there are many doubtful facts even about the address of the petitioner. 10. However, it is always open for the petitioner to approach the Police seeking appropriate action in this regard. 11. With the above observation, 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 25.08.2008 dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Nacharam Police Station, Nacharam, Hyderabad District. 2 The Commissioner of Police, Cyberabad, Hyderabad. 3 2CCs to Advocate General, High Court of A.P., Hyderabad (OUT) 4 2CD copies