IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY 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. 12743 of 2008 Between: Smt. Bosetti Lalitha, W/o. Somulu, Door No. 22D-2-21, Lalitha Towers, Ramakrishna Puram, Eluru, West Godavari District. ..... PETITIONER AND 1 The Station House Officer, Nidadavole Police Station, West Godavari District. 2 The C.C.S.P.S., Eluru, West Godavari District. 3 The Superintendent of Police, Eluru, West Godavari District. 4 The Superintendent of Police, Khammam District. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 16-06-2008 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 Petitioner's son herein viz. Bosetti Naga Venkata Kanakaraju, before this Hon'ble Court, who was illegally detained since 12-06-2008 by the police of Nidadavole, West 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.12743 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 basing on a telegram, dated 16-06-2008, sent by one Smt. Bosetti Lalitha, w/o.Somulu, resident of Door No.22D-2-21, Lalitha Towers, Ramakrishnapuram, Eluru, West Godavari District, to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, seeking a direction to the respondents to produce her son viz., Bosetti Naga Venkata Kanakaraju, who was illegally detained since 12-06-2008 by the Nidadavole Police, West Godavari District, before this Court, and that she is apprehending danger to his life. 3. A counter affidavit has been filed by the Sub-Inspector of Police, Nidadavole Police Station, West Godavari District, representing the first respondent herein, stating inter alia that enquiries have been conducted and in the said enquiry, it was revealed that at no point of time the alleged detenu was illegally detained by the first and second respondent police. He further stated that the alleged detenu is Accused No.4 in Crime No.56 of 2008 for the offences punishable under Sections 302, 394, 212, 201, read with Section 34 of Indian Penal Code, of Bonakal Police Station, Khammam District, which was registered on 23-05-2008 basing on a complaint given by one Ranki Reddy, Village Revenue Officer, Chinnaheeravalli of Bonakal Mandal, Khammam District. It is also stated that the alleged detenu was arrested on 23-06-2008 in connection with the above said crime and produced before the Judicial First Class Magistrate, Madhira, Khammam District, who inturn remanded him to judicial custody. By virtue of the said remand order, dated 25-06-2008, of the learned Magistrate, the alleged detenu is now ledged in Sub-Jail, Madhira, Khammam District. It is also stated that when the alleged detenu was produced before the learned Magistrate, he did not speak about the illegal detention by the police. 4. Having regard to the facts stated in the counter affidavit, the question of illegal detention does not arise. 5. For the foregoing, we do not find any merit 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 07-07-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Nidadavole Police Station, West Godavari District. 2 The C.C.S.P.S., Eluru, West Godavari District. 3 The Superintendent of Police, Eluru, West Godavari District. 4 The Superintendent of Police, Khammam District. 5. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 6. 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.12743 of 2008 07-07-2008 (Msr)