IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU TAKEN UP WRIT PETITION NO : 12325 of 2008 Between: Gajjala Sailu, Nizamabad. ..... PETITIONER AND 1.The Station House Officer, I Town Police Station, Nizamabad District. 2.The Superintendent of Police, Nizamabad District. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 10-06-2008 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 Smt.G.Gangavva (Plaintiff in O.S. No. 269 of 2003 on the file of Junior Civil Judge Nizamabad), before this Hon'ble Court, who was illegally detained by the police personnel of I Town Police Station, Nizamabad, in spite of injunction order, and apprehending danger to her life and set her 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 Respondents.: THE ADVOCATE GENERAL The Court made the following: ORDER: (per the HON’BLE SRI JUSTICE K.C.BHANU) This taken up Writ Petition has been initiated at the instance of the petitioner’s telegram, dated 10-06-2008, wherein it is alleged that the alleged detenu i.e., G.Gangavva was illegally detained by the Station House Officer of I Town Police Station, Nizamabad District. 2. After giving notice, the 1st respondent herein filed a detailed counter affidavit stating that the detenu was called to the Police Station for the purpose of enquiry on 12-06-2008. She was let off as the dispute between the detenu and the complainant was purely of civil in nature and thereafter, a requisition was given to the Mandal Executive Magistrate, Nizamabad, to record the statement of the detenu and accordingly, the Mandal Executive Magistrate, Nizamabad, recorded the statement of the detenu on 21-06-2008, wherein it is stated that at no point of time, she was illegally detained by the 1st respondent. 3. In view of the allegations in the counter that the detenu is freely moving as per her statement recorded by the Mandal Executive Magistrate, Nizamabad, question of illegal detention by the police does not arise. Hence, the writ petition is liable to be dismissed. 4. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. --------------------------------- JUSTICE D.S.R.VARMA ------------------------------ JUSTICE K.C.BHANU DATED:01-07-2008 Hsd