IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NOs : 10975 & 11069 of 2009 WRIT PETITION NO : 10975 of 2009 Between: Smt. Tekula Laxmamma, w/o. Late Bixam Reddy, R/o. Vasavi Colony, Nakrekal Village & Mandal, Nalgonda District. ..... PETITIONER AND 1 Government of A.P. Rep by its Principal Secretary, Home Department, Secretariat, Hyderabad. 2 The Director General of Police, Government of A.P., Hyderabad. 3 The Superintendent of Police, West Godavari District. 4 The Divisional Superintendent of Police, Peddapuram, East Godavari District. 5 The Station House Officer, Peddapuram Police Station, West Godavari 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 to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Habeas Corpus, directing the respondents herein to produce the detenues Viz., 1. Tekula Puroshotham Reddy @ Kranthi S/o late Bixam Reddy, aged 26 years, Occ : Student, R/o. Vasavi Colony, Nakrekal Village & Mandal, Nalgonda District, 2, Peeta Ramesh S/o. Nityanandham, aged about 48 years, R/o. Siluvala Lanka Village, Mophidevi Mandal, Krishna District, before this Hon'ble Court and to set them at liberty declaring their arrest as illegal, arbitrary and unconstitional and to grant Counsel for the Petitioner:MR.C.VENKAT YADAV Counsel for the Respondent No.: THE ADVOCATE GENERAL WRIT PETITION NO : 11069 of 2009 Between: Andhra Pradesh Raithu Koli Sangam, East Godavari District. ..... PETITIONER AND 1 The Station House Officer, Kakinada, East Godavari District. 2 The Superintendent of Police, East Godavari 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 04-06-2009 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 Mr. P. Ramesh, President AP Raithu Koli Association, and Mr. Kranthi, PDSU Secretary, before this Hon'ble Court, who were illegally detained on 02- 06-2009 at 04.30 P.M. by the police 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 : HON'BLE MR JUSTICE A.GOPAL REDDY and HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION Nos. 10975 & 11069 of 2009 COMMON ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) W.P.No.10975 of 2009 is filed by Smt. Tekula Laxmamma and W.P.No.11069 of 2009 is taken up on the basis of letter dated 4.6.2009 for production of (1) Telula Puroshotham Reddy @ Kranthi and (2) Peeta Ramesh alleging their illegal detention by the respondent-police. Sub-Divisional Police Officer, Kakinada Division, East Godavari District filed a common counter affidavit stating that on the complaint lodged by the Village Revenue Officer, Pondugula Village, police of Dachepalli Police Station registered a case in Crime No.93 of 2008; and that during the course of investigation police arrested one G.Venkateswarlu on 24.11.2009 and basing on his confessional statement, the alleged detenu No.2 was taken into custody by the Circle Inspector of Police, Gurazala Circle on 4.6.2009. After complying with the formalities of arrest, he was produced before the I Additional Junior Civil Judge, Gurazala, who in turn, remanded him to judicial custody and accordingly, he is now lodged at Sub-Jail, Gurazala, Guntur District. So far as alleged detenu No.1 is concerned, it is stated that he was arrested on 2.6.2009 by the police of Kirlampudi Police Station and after complying with the formalities of arrest, he was produced before the Judicial First Class Magistrate, Prathipadu, East Godavari District on 3.6.2009 and pursuant to the remand order, he is now lodged at Central Prison, Rajahmundry. Having regard to the fact that Crime Nos.74 of 2009 and 93 of 2008 are registered against the alleged detenus and in connection with that, they were arrested and produced before the jurisdictional Magistrates, who ordered for their judicial remand, the allegation of their illegal detention does not arise. Accordingly, both the writ petitions are dismissed. No costs. ________________ A. GOPAL REDDY, J. _______________________ B.SESHASAYANA REDDY, J. JUNE 08, 2009 Tsr/Ktl