IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELVETH DAY OF SEPTEMBER 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 Nos.19243 and 19305 of 2008 TAKEN UP WRIT PETITION No.19243 of 2008 : Between: Pyboina Rakesh Vasanth Kumar, S/o. Ravinder Kumar, Tadepalligudem, West Godavari District. ..... PETITIONER AND 1 The Station House Officer, Tadepalligudem Town Police Station, West Godavari District. 2 The Superintendent of Police, West Godavari District. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 02-09-2008 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 mother of the Petitioner by name Pyboina Vijaya Lakshmi, W/o. Ravinder Kumar, aged 36 years, R/o. Tadepalligudem, West Godavari District, before this Hon'ble Court, who was illegally detained since 3 days back from 02-09- 2008 by the police of Tadepalligudem Town Police, West Godavari District, apprehending danger to her life and set her 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 WRIT PETITION No.19305 of 2008 : Between: Alam Bogeswara Rao S/o Narasaiah West Godavari District ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep.by its Secretary, Home Department, Secretariat Buildings Hyderabad. 2 The Superintendent of Police, West Godavari District at Eluru 3 The Inspector of Police Town Police Station, Tadepalligudem, West Godavari District. 4 The Sub Inspector of Police, Town Police Station, Tadepalligudem, West Godavari District. 5 The Station House Officer, Town Police Station, Tadepalligudem, West Godavari 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 an appropriate writ of habeas corpus directing the respondents to produce the daughter of the petitioner by name Smt Vijaya Lakshmi W/o. Paiboyyana Ravindra Kumar @ Ravi 35 years R/o. Tadepalligudem Town,West Godavari District before this Hon'ble Court and set her at her liberty forthwith and pass Counsel for the Petitioner : Mrs. E.T.MANJUSHAA 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.19243 of 2008 AND WRIT PETITION No.19305 of 2008 ORAL COMMON ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. Since the subject matter in both the writ petitions is one and the same, they are heard together and being disposed of by this common order. 3. W.P.No.19243 of 2008 is taken up at the instance of the telegram, dated 02-09-2008, sent by the son of the alleged detenu, and W.P.No.19305 of 2008 is ﬁled by the mother of the alleged detenu, seeking production of the alleged detenu viz., Smt. Pyboina Vijaya Lakshmi, w/o. Paiboyana Ravindra Kumar, before this Court, who was illegally detained by the police of Tadepalligudem Town Police, West Godavari District from 02- 09-2008, that they are apprehending danger to her life and set her at liberty, forthwith. 4. A common counter affidavit has been filed by the Circle Inspector of Police, Tadepalligudem Circle, West Godavari District, representing the third respondent herein, stating that the alleged detenu is Accused No.2 in Crime No.206 of 2008 for the oﬀence punishable under Section 302, read with 34 I.P.C., and 120(B) I.P.C., of Tadepalligudem Town Police Station, West Godavari District, which was registered on 31-08-2008. In connection with the above said crime, the alleged detenu was arrested on 07-09-2008 and produced before the Additional Judicial First Class Magistrate, Tadepalligudem, on the same day, who inturn remanded her to judicial custody. It is also stated that the husband of the alleged detenu i.e., Pyboina Ravindra Kumar @ Ravi is Accused No.1 in the above said crime, who allegedly caused the death of his paternal uncle with the assistance of his associates. 5. It is further brought to the notice of this Court by the learned Assistant Government Pleader that pursuant to the arrest of all the accused in the above said crime, including the alleged detenu, they were remanded to judicial custody and now lodged at Sub-Jail, Tadepalligudem. 6. In view of the categorical statement made by the third respondent in the counter aﬃdavit, since the detention of the alleged detenu is pursuant to the judicial order of remand, the question of issuing Writ of Habeas Corpus does not arise. 7. For the foregoing, we see no grounds in the writ petitions and the same are liable to be dismissed. 8. Accordingly, the writ petitions are dismissed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 12-09-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary to Government, Home Department, Government of A.P., Secretariat Buildings, Hyderabad. 2 The Superintendent of Police, West Godavari District at Eluru. 3 The Inspector of Police Town Police Station, Tadepalligudem, West Godavari District. 4 The Sub Inspector of Police, Town Police Station, Tadepalligudem, West Godavari District. 5 The Station House Officer, Town Police Station, Tadepalligudem, West Godavari District. 6. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 7. 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.19243 of 2008 AND WRIT PETITION No.19305 of 2008 12-09-2008 (Msr)