IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH 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. 17643 of 2008 Between: Lalam Mohan Tulsi. ..... PETITIONER AND 1 The Station House Officer, Akiveedu, West Godavari District. 2 The Superintendent of Police, West Godavari at Eluru. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 09-08-2008 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 father by name Miryala Venkataratnam, S/o. Ammanna (74) & brother by name Miryala Adinarayana, S/o. Venkata Ratnam (36 years), before this Hon'ble Court, who are illegally detained since 06-08-2008 by the police Akiveedu police, 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.17643 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 09-08-2008, seeking a direction to the respondents to produce the petitioner’s father viz., Miryala Venkataratnam, s/o. Ammanna, aged 74 years; and brother viz., Miryala Adinarayana, s/o. Venkataratnam, aged 36 years, before this Court, who were illegally detained since 06- 08-2008 by the police of Akiveedu Police Station, West Godavari District, and that he is apprehending danger to their lives. 3. A counter aﬃdavit has been ﬁled by the Sub-Inspector of Police, Akiveedu Police Station, West Godavari District, representing the ﬁrst respondent herein, stating inter alia that he caused enquiries with regard to the truth or otherwise of the contents of the telegram, dated 09-08-2008, and his enquiries reveal that at no point of time the ﬁrst respondent police illegally detained the alleged detenus. Since the alleged detenu No.1 is not in the illegal custody of the ﬁrst respondent police, he made a requisition to the Tahsildar, Penumantra Mandal, to furnish his service particulars, who inturn addressed a letter, dated 22-08-2008, to the ﬁrst respondent police stating that the alleged detenu No.1 is working as Permanent Village Servant of Juttiga village and he has been on leave from 11-08-2008 to 30- 08-2008 due to his ill-health. From the said letter of the Tahsildar, dated 22-08-2008, it could be seen that the alleged detenu No.1 was not in the illegal custody of the ﬁrst respondent police. The copy of the letter, dated 22-08-2008, addressed by the Tahsildar, Penumantra, is made part of the record. 4. So far as the alleged detenu No.2 viz., Miryala Adinarayana is concerned, it is stated that the ﬁrst respondent police never illegally detained him and as on today no case is either registered or pending against the alleged detenus. They are not at all required in connection with any crime pending with the ﬁrst respondent police. It is also stated that the alleged detenu No.2 himself ﬁled a writ petition W.P.No.17503 of 2008 seeking a direction to the respondents, particularly the ﬁrst respondent herein, not to harass and keep him and his father i.e., alleged detenu No.1 in illegal custody and also not to demand the petitioner to part with money and property in favour of the petitioner’s wife, without registering any crime. A perusal of the said writ aﬃdavit as well as the veriﬁcation statement therein, which was signed by him on 10-08-2008, clearly shows that the alleged detenu No.2 is not at all in the illegal custody of the ﬁrst respondent police and he is moving freely. The other material allegations levelled against the police in the telegram have been denied. 5. Having regard to the facts stated in the counter aﬃdavit, it appears that there are some disputes in the family of the petitioner which resulted in some of the parties to approach the police and it is only in that regard, apparently, the alleged detenus might have been called to the police station. But, at the same time, it is obvious that no crime has been registered against the petitioner and the alleged detenus. Therefore, they are always at liberty to move freely and any harassment or illegal detention by the police can be complained to the Magistrate concerned, as provided under law. 6. For the foregoing, we do not ﬁnd any reason to continue the writ petition any further and the same is liable to be dismissed. 7. With the above observations, 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 27-08-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Akiveedu, West Godavari District. 2 The Superintendent of Police, West Godavari at Eluru. 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.17643 of 2008 27-08-2008 (Msr)