IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF JANUARY 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 : 199 OF 2009 & 203 of 2009 WRIT PETITION NO : 199 of 2009 Between: A. Sandhya, W/o. A. Ananda Rao, Flat No. 304, Sri Balaji Apartments, 12-13-868, Hanuman Nagar, Tarnaka, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Osmania University Police Station, Hyderabad. 2 The Commissioner of Police, 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 06-01-2009 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 husband of Petitioner herein namely Anand Rao, and three others namely Mr. B. Raju, T. Anjaneyulu and Pattala Narasimha, who was illegally detained by the Osmania University Police, since 29-12-2008 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 WRIT PETITION NO : 203 of 2009 Between: Y. Sri Devi, W/o. Y. Rajendra Prasad, Flat No. 1, Sai Kiran Residency, Near DAV School, Chandragiri Colony, Naredmit, Hyderabad - 500 062. ..... PETITIONER AND 1 The Station House Officer, Osmania University Police Station, Hyderabad. 2 The Commissioner of Police, 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 "Petition" dated 02-01-2009 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 husband of the Petitioner viz. Y. Rajendra Prasad, before this Hon'ble Court, who was illegally detained by the Sri Ashok Reddy, Sub-Inspector of Police and four constables of Osmania University Police Station, Hyderabad on 28-12-2008, 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:LETTER 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.199 & 203 OF 2009 COMMON ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) These two writ petitions are taken up on the basis of telegram sent by A. Sandhya, dated 6.1.2009 and Y. Sridevi, dated 2.1.2009 respectively, addressed to the Hon’ble Chief Justice. In W.P.No.199 of 2009 the petitioner alleges that her husband namely, Anand Rao and three others namely, B.Raju, T.Anjaneyulu and Pattala Narasimha have been illegally detained by Osmania University Police since 29.122008 and she is apprehending danger to their lives. In W.P.No.203 of 2009 the petitioner alleges that her husband namely, Y.Rajendra Prasad has been illegally detained by the police of Osmania University Police Station since 28.12.2008 onwards. The Inspector of Police, Osmania University Police Station, Hyderabad, first respondent herein filed an affidavit stating that a case in Crime No.352 of 2008 for the offence under Section 448 I.P.C. has been registered on the file of first respondent police station on the complaint lodged by one B.Balaiah, Assistant General Manager, Union Bank of India, Saifabad branch stating that some miscreants illegally encroached into the portions of Sri Balaji Apartments, situated in H.No.12-13-868, Hanuman Nagar, Secunderabad, which is under the possession of the bank. While so, on 15.12.2008, one Panuganti Satyam and Kummari Ramesh with the help of Rajendra Prasad, unauthorisedly entered and occupied the flats in the said apartment. From the date of registration of the crime, fictitious telegrams have been sent to the police department and also to this Court with an intention to stall the investigation into the above said crime. It is stated that the Tahsildar and Executive Magistrate, Marredpally, Hyderabad, on request, got enquired the matter by deputing the Mandal Revenue Inspector and submitted a report that the petitioner in W.P.No.199 of 2009 and her husband Anand Rao and the other alleged detenue are not residing in Flat No.304, H.No.12-13- 868, Hanumannagar, Tarnaka and the above telegrams were sent on the fictitious names to stall the investigation. It is also brought to our notice that one Mr.Muluhgu Naveen Kumar lodged a complaint with the first respondent on 17.12.2008 inter alia alleging that the alleged detenu in W.P.No.203 of 2009 has taken Rs.3.5 lakhs from him showing Flat No.102 located in Balaji Apartments, Hanumannagar, Tarnaka and stated that the said flat was seized by the bank authorities, and after consultation, the bank authorities registered it in the name of the complainant, but so far, the alleged detenu did not register the said flat in his name. When the complainant along with one Shanker went to Balaji Apartments, the alleged detenu abused him in the name of his caste. On that basis, a case in Crime No.35 of 2009 has been registered for the offence under Section 420 I.P.C. and Section 3(1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and investigation was taken up. From the above narrated facts, it is clear that the above telegrams are sent only to stall the investigation into the two crimes registered against the alleged detenue and to divert the attention of the police. Further, none of the complainants are residing in the addresses given in the telegrams. Therefore, we do not find any merits in the contents of the telegrams. The Writ Petitions are accordingly dismissed. No order as to costs. _________________ (A. GOPAL REDDY, J.) _______________ (G.V.SEETHAPATHY, J.) FEBRUARY 02, 2009 TSR