IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 916 of 2009 Between: 1 Majji Somulu S/o. Jangalu Smt. Majji Bhagya Laxmi, W/o. Majji Somulu, Age: 30. R/o. Nakkalavalasa Village, Narlavalasa Panchayat, Salur Mandal, Vizianagaram District. 2 Padisetty Prasada Rao S/o. Gollaiah Padisetty Bhagyavathi, W/o. Padisetty Prasad, Age: 30. R/o. Mamidipalli Village, Salur Mandal, Vizianagaram District. ..... PETITIONER(S) AND 1 The Station House Officer Saluru Rural Police Station Saluru, Vizianagaram District. 2 The Deputy Superintendent of Police Vizianagaram. 3 The Superintendent of Police Vizianagaram. 4 Reddy Suresh S/o. & age not known to the Petitioner R/o. Baguvalasa Village, Salur Mandal, Vizianagaram District. 5 Botsa Rama Krishna S/o. & age not known to the Petitioner R/o. Baguvalasa Village, Salur Mandal, Vizianagaram District. 6 Reddy Prabha S/o. & age not known to the Petitioner R/o. Baguvalasa Village, Salur Mandal, Vizianagaram District. 7 Gedela Sreenu S/o. & age not known to the Petitioner R/o. Baguvalasa Village, Salur Mandal, Vizianagaram District. 8 Bodaballi Appalanaidu S/o. & age not known to the Petitioner R/o. Baguvalasa Village, Salur Mandal, Vizianagaram District. 9 Kallepalli Trinadha Rao S/o. & age not known to the Petitioner R/o. Chinaborabanda Village, Salur Mandal, Vizianagaram District. 10 Peela Susheela W/o. Peela Jagannadha Rao Salur, Vizianagaram District. 11 Peela Jagannadha Rao S/o. not known to the Petitioner R/o. Salur, Vizianagaram District. .....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 a writ, order or orders or directions particularly in the nature of writ of Habeas Corpus directing the Respondents to produce the Petitioners viz. Majji Somulu, Member, MPTC., Annamrajuvalasa and Padisetty Prasada Rao, Member, MPTC., Mamidipalli, Salur Mandal, Vizianagaram District and set them free and consequently directing the respondents 1 to 3 to take action against the respondents 4 to 11, in accordance with law and declare the action of the police as illegal, arbitrary, contrary to law, violative of Article 21 of the Constitution of India in the interest of Justice. Counsel for the Petitioners: MR.M.V.RAJA RAAM Counsel for Respondent Nos.1 to 3: THE ADVOCATE GENERAL The Court made the following : ORDER: (per Sri A. Gopal Reddy, J) By means of filing this writ petition under Article 226 of the Constitution of India, the petitioners seek for issuance of a writ of habeas corpus for production of Majji Somulu, Member, MPTC, Annamarajuvalasa and Padisetty Prasada Rao, Member, MPTC, Mamidipalli. The 1st petitioner who is the wife of Majji Solumu filed the affidavit in support of the writ petition stating that no confidence motion has been moved against the Chairman Smt. Talla Susheelamma which is due to be taken up on 29-01-2009 and in order to avoid no confidence motion she hatched a plan and kidnapped her husband on 18-01-2009 at 11 PM. Immediately she lodged a complaint with the police but the whereabouts of her husband are not known and she apprehends danger to his life. On the said complaint, Crime No. 5 of 2009 dated 19-01-2009 was registered for the offence under Sections 368 and 323 read with Section 34 IPC, but so far the case has not been properly investigated to know the whereabouts of her husband. Similarly, the 2nd petitioner’s husband Padisetty Prasada Rao was also taken away by respondent Nos. 4 to 7 and 9 to 11 on the same day and on the complaint lodged by her, a case in Crime No. 6 of 2009 for the offence under Sections 368 and 323 read with Section34 IPC was registered on 19-01-2009. Today, learned counsel for the petitioners produced notice dated 17-05-2009 issued by Sri S. Satyam Reddy, advocate to the District Collector, Vizianagaram and other authorities stating that both the complaints lodged by the petitioners are false and at the instance of rival parties and that both the alleged detenues are voluntarily away from Saluru to save themselves from political pressure and instructed him to appear on their behalf if any case is filed in connection with the no confidence motion. Since the alleged detenues engaged an advocate and informed the official respondents that they have not been illegally confined by anybody as alleged in the complaints, the present writ petition appears to have been filed by the petitioners at the instance of the persons who have moved the no confidence motion against the said Talla Susheelamma to see that the alleged detenues do not participate in the no confidence motion alleged to be held on 29-01-2009. Since the notice sent by the alleged detenues disproves the contention that they have been illegally detained and that they themselves are voluntarily away to avoid political pressure, we do not see any merit in the contention of the petitioners that the alleged detenues were illegally detained. The writ petition is accordingly dismissed. It is needless to say that since the crimes are registered, the police are under obligation to investigate the same and file appropriate report before the competent Court having jurisdiction over the matter. A.GOPAL REDDY, J R. KANTHA RAO, J 28-01-2009 ks