IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION No. 24232 of 2008 Between: K. Jaya Prakash, S/o. Israil, R/o. Saanvi Technologies, Near Gurudwara, Ameerpet, Hyderabad. ..... PETITIONER AND 1 The Director General of Police & Inspector General of Police, Lakdikapool, Hyderabad. 2 The Commissioner of Police, Hyderabad. 3 The Assistant Commissioner of Police, West Zone, Sanjeevareddy Nagar, Hyderabad. 4 The Superintendent of Police, Commissioner of Police, Visakhapatnam 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 issue an order or orders more particularly one in the nature of Writ of Habeas Corpus, direct the respondents herein to produce the person by name K. Vijaya Bhaskar S/o. Vijay Mohan, Age 32 Years, Proprietor and Managing Director of Saanvi Technologies, near Gurudwar, Ameerpet, Hyderabad and pass Counsel for the Petitioner : D.KANAKA SUNDARY 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 G.CHANDRAIAH WRIT PETITION No.24232 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice G.Chandraiah) Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is ﬁled by the petitioner seeking a direction to the respondents to produce the alleged detenu, by name K.Vijaya Bhaskar, s/o. Vijay Mohan, aged about 32 years, Proprietor and Managing Director of Saanvi Technologies, Near Gurudwar, Ameerpet, Hyderabad, who was allegedly in the illegal custody of the fourth respondent police, before this Court and set him at liberty forthwith. 3. It is stated in the aﬃdavit ﬁled in support of the writ petition that on 04-11-2008 at about 11-00 a.m., while the petitioner and the alleged detenu were present in the oﬃce, four persons forcibly entered in the Chambers of the alleged detenu and taken custody of his two mobile phones stating that they are the police of Visakhapatnam District and came to arrest the alleged detenu in connection with an oﬀence. Inspite of asking them to disclose the nature of oﬀence alleged to have been committed by the alleged detenu, they took away the alleged detenu in a Innova Car. When approached, the police of Sanjeevareddy Nagar Police Station informed the petitioner that no police from Visakhapatnam left the message regarding the arrest of the alleged detenu. In spite of making enquiry with the Commissioner of Police, Visakhapatnam, on telephone, they did not give any information regarding the arrest of the alleged detenu. Hence the present writ petition. 4. A counter aﬃdavit has been ﬁled by the Commissioner of Police, Visakhapatnam City, representing the fourth respondent herein, stating that on 03-11-2008 one Katuru Padmaja, w/o. Vijaya Bhaskar, who is the alleged detenu, resident of Railway Colony, Visakhapatnam City, lodged a complaint with IV Town Police Station, Visakhapatnam City, stating that her husband and other family members were harassing her both physically and mentally for additional dowry. Basing on the said complaint a case in Crime No.568 of 2008 for the oﬀence punishable under Section 498-A I.P.C., and Sections 3 and 4 of Dowry Prohibition Act and Sections 494 and 506 I.P.C., was registered and investigation was taken up. The Investigating Oﬃcer after collecting the material from the complainant, examined one Sri K.Rami Reddy and Smt. K.Laxmi, who are parents and Ms. Radhika Reddy, younger sister of the complainant, who stated that the complainant- Ms.Padmaja was in love with the alleged detenu and married him on 16-10-2002 at Vijayawada and they were also blessed with a baby girl. But they are not aware of the said marriage. Later their daughter joined their family in the month of December, 2002 and after joining them she informed the above facts to her parents and also informed about the harassment being caused by her husband and other family members for additional dowry of Rs.5,00,000/-. She further informed that her husband is closely moving with one Koneru Sri Lekha. On enquiry, the neighbours of the complainant also disclosed the same facts. 5. It is also stated in the counter aﬃdavit that on receiving information from the Investigating Oﬃcer, the alleged detenu appeared before him on 05-11-2008 for counselling along with two Advocates and maternal uncle and as there was no reconciliation between the parties, the Investigating Oﬃcer eﬀected arrest of the alleged detenu on the same day i.e., on 05-11-2008. Thereafter, he was produced before the I Additional Chief Metropolitan Magistrate, Visakhapatnam, on 06-11-2008, who inturn, remanded him to judicial custody. Pursuant to the said remand order, the alleged detenu is now lodged at Central Prison, Visakhapatnam. 6. In view of the fact that the alleged detenu was arrested in connection with the crime referred to above and remanded to judicial custody, the question of illegal detention does not arise. 7. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed. 8. 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 G.CHANDRAIAH 14-11-2008 Msr. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.24232 of 2008 14-11-2008 (Msr)