IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE G.V.SEETHAPATHY WRIT PETITION NOS: 383 of 2009 & 628 OF 2009 WRIT PETITION NO : 383 of 2009 Between: S. Venkatesulu, S/o. S. Sreeramulu, Cholasamudram, Kudair Mandal, Ananthapur District. ..... PETITIONER AND 1 The Circle Inspector of Police, Kalyandurg Police Station, Ananthapur District. 2 The Superintendent of Police, Ananthapur 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 For the reasons stated in the "Fax Message" dated 16-01-2009 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 father of Petitioner herein namely S. Sreeramlulu, before this Hon'ble Court, who was illegally detained since 16-01-2009 by the Circle Inspector of Police, Kalyandurg Police Station 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:FAX MESSAGE Counsel for the Respondent No.: THE ADVOCATE GENERAL WRIT PETITION NO : 628 of 2009 Between: S. Venkatesulu, S/o. S. Sreeramulu, Cholasamudram, Kudair (Mandal), Ananthapur District. ..... PETITIONER AND 1 The Circle Inspector of Police, Kalyandurg, Ananthapur District. 2 The Superintendent of Police, Ananthapur 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 For the reasons stated in the "Telegram" dated 16-01-2009 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 Petitioner's father namely Sreeramlulu, before this Hon'ble Court, who was illegally detained by the Circle Inspector of Police, Kalyandurg on 15th January without any Criminal Case, 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 : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE G.V.SEETHAPATHY WRIT PETITION NOs.383 & 628 OF 2009 COMMON ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) These two writ petitions are taken up on the basis of fax message and telegram sent by the same petitioner alleging that his father namely, S.Sreeramulu has been illegally detained by the Circle Inspector of Police, Kalyandurg Police Station since 15.01.2009 onwards. In response to the notice, the Inspector of Police, Kalyandurg Circle, Ananthapur District, 1st respondent herein filed an affidavit denying the illegal detention of the alleged detenu on 15.1.2009 or any other subsequent dates as no case is either registered or pending against him before the 1st respondent police station. It is stated that the alleged detenu has been freely moving by attending his day-to-day works. To that effect, the statement of the alleged detenu recorded by the Tahsildar/Mandal Executive Magistrate, Kalyandurg, dated 22.1.2009 has been filed. The statement discloses that the alleged detenu being a sympathizer of Telugu Desam Party went to Kalyandurg on 15.1.2009 and the party cadre took him to Ananthapur and on the next day he went to his house. As he did not inform to his family members about his journey, his son sent the above fax message and telegram. The statement of the alleged detenu recorded by the Tahsildar/Mandal Executive Magistrate, Kalyandurg belies the allegations made in the fax message and telegram about the illegal detention of the alleged detenu and no adjudication is called for in the writ petition. The Writ Petition is accordingly dismissed. No costs. _________________ (A. GOPAL REDDY, J.) _______________ (G.V.SEETHAPATHY, J.) FEBRUARY 04, 2009 TSR