THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.23365 of 2009 Date: 13.11.2009 Between : Smt. Sagiraju Lakshmi … Petitioner and The Station House Officer, Tadepalligudem Police Station, Tadepalligudem, West Godavari District and another. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.23365 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is initiated at the instance of the petitioner’s telegram, dated 22.10.2009, wherein it is alleged that the brother of the petitioner viz., Rudraraju Srinivasa Raju, s/o. late Bhima Raju, resident of near Housing Board Colony, Tadepalligudem Town, West Godavari District, was illegally detained since 19.10.2009 by the Inspector of Police and Sub-Inspector of Police of Tadepalligudem Police Station, West Godavari District, that she is apprehending danger to his life and set him at liberty. 3. A counter affidavit has been filed by the Sub-Inspector of Police, Tadepalligudem Police Station, West Godavari District, representing the first respondent herein, stating inter alia that the alleged detenu is Accused No.5 in Crime No.210 of 2009 and Accused No.4 in Crime No.211 of 2009, both registered for the offence punishable under Section 379 I.P.C. of Tanuku Police Station, West Godavari District, and also has a record of Rowdy Sheeter at Tadepalligudem Police Station. It is further stated that while the Tanuku Police were making efforts to apprehend him in connection with the above said crimes, the alleged detenu himself surrendered before the Station House Officer, Tanuku Police Station, on 28.10.2009 and was produced before the II Additional Judicial First Class Magistrate, Tanuku, on 29.10.2009, who inturn remanded him to judicial custody. Pursuant to the said order of remand of the learned Magistrate, the alleged detenu was lodged at Central Prison, Rajahmundry. The copies of F.I.Rs. in Crime No.210 of 2009 and Crime No.211 of 2009 and other material papers are made part of the record. 4. In view of the categorical statement made by the first respondent in the counter affidavit, since the custody of the alleged detenu is in accordance with law, the question of issuing Writ of Habeas Corpus 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. There shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA ______________________ JUSTICE K.C.BHANU 13.11.2009 Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.23365 of 2009 13.11.2009 (Msr)