IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE 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.12036 of 2008 Between: Bagada Ramayya ..... PETITIONER AND 1 The Station House Officer, Nandigam Police Station, Srikakulam District. 2 The Superintendent of Police, Srikakulam District at Srikakulam. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 07-06-2008 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 the son of the Petitioner herein viz., Bagada Viswanadham, before this Hon'ble Court, who was illegally detained 20-05-2008 by the Sub-Inspector of Police, Nandigam, Srikakulam 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.12036 of 2008 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 petition is taken up basing on a telegram, dated 07-06- 2008, sent by one Sri Bagada Ramayya to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, seeking Writ of Habeas Corpus, alleging that his son viz., Bagada Viswanadham was illegally detained by the Sub-Inspector of Police, Nandigam Police Station, Srikakulam District, on 20-05-2008 and that he is apprehending danger to his life. 3. A counter affidavit has been filed by the Sub-Inspector of Police, Nandigam Police Station, representing the first respondent herein, stating inter alia that the alleged detenu is Accused No.1 in Crime No.49 of 2008 for the offence punishable under Section 363 of Indian Penal Code of Nandigam Police Station, which has been registered on 07-05-2008, under the head “Woman Missing”, basing on a complaint given by one Esampalli Kanthamma, mother of the missing woman, suspecting the involvement of the alleged detenu, his brother and father, who is the petitioner herein, in missing her daughter. While so, on 13-06-2008, the complainant lodged another complaint to the effect that the alleged detenu, his brother and father only are responsible for missing of her daughter. Along with the complaint, she also annexed the Date of Birth Certificate of her daughter to show that her daughter is a minor girl, that basing on the said complaint, dated 13-06-2008, the section of law was altered from the head of “Woman Missing” to one under Section 363 I.P.C., and investigated into. 4. It has been specifically pointed out in the counter affidavit that from the date of registration of the above crime i.e., from 07-05-2008, the alleged detenu has been absconding, that it is not only the alleged detenu, but also his brother was added as an accused in the said crime and that sincere and hectic efforts are being made to apprehend the alleged detenu. 5. Yet, another important point that is highlighted in the counter affidavit is that the alleged detenu and the missing girl are cousins, therefore, the police are finding it very difficult to trace the alleged detenu. It is also stated that it is equally important for them to trace the missing girl also, inasmuch as the subsequent complaint was to the effect that the alleged detenu was responsible for missing of the girl. 6. Since the factual position has been explained by the first respondent police, we have no doubt that the police are in-diligent in their efforts to trace out the alleged detenu and the missing girl, as well. Since the alleged detenu is Accused No.1 in Crime No.49 of 2008, it is very much essential for the police to apprehend him. From this angle also, we are of the view that there is no necessity for the police to take away the alleged detenu and keep him under illegal captivity. 7. For the foregoing, we see no grounds to continue the writ petition any further and the same is liable to be dismissed. 8. Accordingly, 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 26-06-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Nandigam Police Station, Srikakulam District. 2 The Superintendent of Police, Srikakulam District at Srikakulam. 3. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 4. 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.12036 of 2008 26-06-2008 (Msr)