IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH 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.17702 of 2008 Between: Vasamsetty Satyavathi, Rajahmundry, East Godavari District. ..... PETITIONER AND 1 The Station House Officer, III Town C.C.S., Rajahmundry, East Godavari District. 2 The Superintendent of Police, East Godavari District. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 07-08-2008 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 Petitioner's sister's son by name Penkey Ramana, before this Hon'ble Court, who is illegally detained on 03-08-2008 at 02.00 P.M. by the police III Town C.C.S. Rajahmundry, East Godavari 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.17702 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard the 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 07-08-2008, alleging that her sister’s son viz., Penkey Ramana was illegally detained on 03-08-2008 by the police of III Town Central Crime Station, Rajahmundry, East Godavari District, and that she is apprehending danger to his life. 3. A counter aﬃdavit has been ﬁled by the Sub-Inspector of Police, III Town Central Crime Station, Rajahmundry, East Godavari District, representing the ﬁrst respondent herein, stating inter alia that the alleged detenu is an accused in Crime No.217 of 2008 for the oﬀence punishable under Section 379 of Indian Penal Code, of III Town Central Crime Station, Rajahmundry, which was registered on 07-08-2008 basing on a complaint given by one Padala Veera Venkata Satyanarayana of Rajahmundry Town. In connection with the above said crime, the alleged detenu was arrested on the same day i.e., on 07-08- 2008 and produced before the III Additional Judicial First Class Magistrate, Rajahmundry, on 08-08-2008, who inturn remanded him to judicial custody. Pursuant to the said order of remand of the learned Magistrate, the alleged detenu is now lodged at Central Prison, Rajahmundry. 4. In view of the facts stated in the counter aﬃdavit, the question of illegal 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, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 29-08-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, III Town C.C.S., Rajahmundry, East Godavari District. 2 The Superintendent of Police, East Godavari District, Kakinada. 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.17702 of 2008 29-08-2008 (Msr)