IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST 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. 15412 of 2008 Between: Vissa Suseelamma ..... PETITIONER AND 1 The Station House Officer, Sangam Police Station, Sangam, Nellore District. 2 The Superintendent of Police, Nellore District at Nellore. .....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 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., Vissa Umasankar, before this Hon'ble Court, who was illegally detained on 13-07-2008 by the police of Sangam Police Station, Nellore District, 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 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 TAKEN UP WRIT PETITION No.15412 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is taken up at the instance of the petitioner’s telegram, dated 14-07-2008, wherein it is alleged that her son viz., Vissa Umasankar was illegally detained on 13-07-2008 by the police of Sangam Police Station, Nellore District, and seeks production of her son before this Court. 3. A counter aﬃdavit has been ﬁled by the Sub-Inspector of Police, Sangam Police Station, Nellore District, representing the ﬁrst respondent herein, stating that the alleged detenu is Accused No.2 in Crime No.61 of 2008 for the oﬀence punishable under Section 307 read with 34 I.P.C., of Sangam Police Station, Nellore District, which was registered on 05-07-2008, basing on a complaint given by one Vissa Chenchuramaiah of Aravapalem village, Sangam Mandal. It is also stated that during investigation, it came to light that the alleged detenu was admitted as an in-patient in D.S.R. Government District Headquarters Hospital, Nellore, on 05-07-2008 and taken treatment till 14-07- 2008. Thereafter he is said to be absconding from the Hospital from 14-07-2008. 4. The counter aﬃdavit ﬁled by the ﬁrst respondent would clearly go to show that the alleged detenu was not in illegal custody of the ﬁrst respondent police and the present telegram is nothing but a frivolous complaint. In view of the categorical statement made by the ﬁrst respondent, the question of illegal or wrongful detention does not arise. 5. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed. 6. Accordingly, the writ petition is dismissed, at the stage of admission, however, with costs of Rs.100/-. 7. Registry is directed to mark a copy of this order to the petitioner. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 01-08-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Sangam Police Station, Sangam, Nellore District. 2 The Superintendent of Police, Nellore District at Nellore. 3. Smt. Vissa Suseelama, r/o. Aravapalem village, Sangam Mandal, Nellore 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 TAKEN UP WRIT PETITION No.15412 of 2008 01-08-2008 (Msr)