IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 10872 of 2009 Between: Movva Nageswara Rao, S/o. Late Sri Kotaiah, R/o. Perumallapalli, Venukonda Mandal, Guntur District. ..... PETITIONER AND 1 The Inspector of Police, CB CID, Hyderabad. 2 The Commissioner of Police, Hyderabad City at Hyderabad. .....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 For the reasons stated in the "Telegram" dated 24-05-2009 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 daughter and son-in-law of the Petitioner viz., Parvathaneni Rama Devi and Sri P. Panduranga Vittal, R/o. H.No. 4-105, Opp Bus Stand in Gate Vijayawada Road Hanuman Junction, Bapulapadu Mandal, Krishna District, before this Hon'ble Court, who were illegally taken away by the police personnel of CB CID, Hyderabad on 23-5-2009 at 06.30 and 07.00 A.M. and apprehending danger to their lives and set them 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 Respondent No.: THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO TAKEN UP WRIT PETITION No.10872 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is initiated at the instance of the petitioner’s telegram, dated 24-05-2009, wherein it is alleged that the daughter and son-in-law of the petitioner viz., Parvathaneni Rama Devi and Sri P.Panduranga Vittal, residents of H.No.4-105, Opp: Bus Stand in Gate Vijayawada Road, Hanuman Junction, Bapulapadu Mandal, Krishna District, were illegally taken away by the police of C.B.C.I.D., Hyderabad, on 23.5.2009, that he is apprehending danger to their lives and set them at liberty. 3. A counter affidavit has been filed by the Inspector of Police, Crime Investigation Department (CID), Hyderabad, representing the first respondent herein, stating inter alia that after receiving the notices, he conducted an enquiry wherein it was revealed that a complaint has been lodged by the petitioner at Hanuman Junction Police Station on 23.5.2009 about the missing of the alleged detenus and the same has been registered as Crime No.81 of 2009 for the offence punishable under Sections 365 I.P.C., read with Section 34 I.P.C. and investigation was taken up. It is also stated that while the investigation is under progress, the alleged detenus voluntarily approached them and stated that they were not at all detained by any person, much less by the respondent police and they came down to Hyderabad to have discussion in connection with their land property along with some relatives. To that effect, the statement of the alleged detenu No.1 was recorded by the police before the learned Judicial First Class Magistrate, Tiruvuru, Krishna District. The said statement is made part of the record. 4. In view of the categorical statement made by the first respondent in the counter affidavit, we are of the view that the alleged detenus were not detained by any authority, much less the C.B.C.I.D. personnel, as alleged by the petitioner. Therefore, the question of issuing Writ of Habeas Corpus 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 R.KANTHA RAO 18-06-2009 Msr/Lmv. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO TAKEN UP WRIT PETITION No.10872 of 2009 18-06-2009 (Msr)