IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 3471 of 2008 Between: Donthina Tirupatamma, Guntur. ..... PETITIONER AND 1 The Station House Officer, Bapatla Taluk Police Station, Guntur District. 2 The Superintendent of Police, Guntur District at Guntur. .....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 14-02-2008 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 son of the Petitioner, herein, namely Donthina Adisesha Reddy, Home Guard, Hyderabad, before this Hon'ble Court, who was illegally taken away by the Bapatla Taluk police on 28-01-2008 from Hyderabad and 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 Respondent No.: THE ADVOCATE GENERAL The Court made the following : ORDER: (Per Hon’ble Sri Justice B. Seshasayana Reddy) This is a taken up writ petition basing on the telegram issued by Tirupatamma of Guntur alleging that the police of Bapatla Taluk Police Station detained her husband Adisesha Reddy, Home Guard, Hyderabad. In response to the notice issued, a counter affidavit has been filed by the Sub-Inspector of Police, Bapatla Taluk P.S., Guntur, the first respondent herein. P.V.Anjaneyulu has sworn to the affidavit. It is stated in the counter affidavit that the alleged detenu is an accused in M.C.No.2 of 2008. He has been arrested and released on executing a bond to keep good behaviour for a period of six months. Relevant portion of the counter affidavit reads as hereunder: “It is submitted the 1st respondent police came to know that the alleged detenu is an accused in Cr.No.21 of 2008 for the offence under Section 41 (1) Cr.P.C. of Ponnur Rural Police Station, Guntur. The above crime was registered on the intervening night of 21/22.2.2008 by Ponnur Rural Police Station, while he was moving under suspicious circumstances near Pachalatadiparru Bus-Stop Centre at about 2.00 A.M. Immediately, the Ponnur Rural Police cdrafted police proceedings and effected the arrest of the alleged detenu. Immediately, on the same day, he was produced along with charge sheet before the Mandal Executive Magistrate, Ponnur for passing appropriate orders. The Mandal Executive Magistrate, Ponnur treated the same as M.C.No.2 of 2008 and passed orders under Section 109 Cr.P.C. on 22.2.2008 binding over the alleged detenu for his good behaviour for a period of six months and released him after obtaining self-bond. By virtue of the said order of the Mandal Executive Magistrate, Ponnur, the alleged detenu is now moving freely.” In view of the assertions made in the counter affidavit, the allegation made in the telegram that Adisesha Reddy, the husband of the petitioner, has been illegally detained by the Police of Bapatla Taluk Police Station has no merit. Accordingly, the writ petition is dismissed. No costs. ________________ A. GOPAL REDDY, J. _______________________ B.SESHASAYANA REDDY, J. 10.03.2008 Tsr. To 1 The Station House Officer, Bapatla Taluk Police Station, Guntur District. 2 The Superintendent of Police, Guntur District at Guntur. 3 Two C.Cs. to G.P. for Home, High Court Buildings, (OUT) 4. Two C.D. copies.