IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No.15398 of 2008 Between: Radhamma, W/o. Easwaranaidu, Ramachandrapuram Village, Kodumur Mandal, Kurnool District. ..... PETITIONER AND 1 The Station House Officer, Kodumur Police Station, Kurnool District. 2 The Superintendent of Police, Kurnool District. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 11-07-2008 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 husband of the Petitioner namely Easwara Naidu, R/o. Ramachandrapuram Village, before this Hon'ble Court, who was illegally detained by the police of Kodumur, Kurnool District on 11-07-2008 at 08.00 A.M., 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 Respondents : THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.15398 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is taken up basing on a telegram, dated 11-07-2008, sent by one Smt. Radhamma, w/o. Eswaranaidu, resident of Ramachandrapuram village, Kodumur Mandal, Kurnool District, to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, seeking production of her husband viz., Eswaranaidu before this Court, who was illegally detained by the police of Kodumur, Kurnool District, on 11-07-2008, and that she is apprehending danger to his life. 3. A counter aﬃdavit has been ﬁled by the Sub-Inspector of Police, Kodumur Police Station, Kurnool District, representing the ﬁrst respondent herein, stating inter alia that he caused enquiries with regard to the truth or otherwise of the telegram, dated 11-07-2008, issued by the petitioner and the enquiries revealed that at no point of time, the alleged detenu was illegally detained by the ﬁrst respondent police and as on today he has been moving freely by attending to his day-to-day works. However, the alleged detenu appears to have called to the Police Station on 11-07-2008 on the strength of a complaint given by one G.Ramakrishnaiah and during the course of examination, it came to light that the dispute is purely civil in nature and the police have no role to play. Hence, both the parties were directed to agitate their grievance before the appropriate Court of law. Therefore, it is stated that except on the said occasion, the alleged detenu was never called to the Police Station or taken into custody. It is also stated that the statement of the alleged detenu was recorded by the Mandal Executive Magistrate, Kodumur, on 23-07-2008, which is made part of the record. 4. From the above, it appears that when the alleged detenu was called to the Police Station in connection with the complaint given by some person, the present telegram has been issued with tremendous haste and without any valid reason. Therefore, we are of the view that this Court has been converted into a forum to agitate every trivial grievance. This kind of reaction from the citizens is not acceptable to the Court. 5. Having regard to the facts stated in the counter aﬃdavit, the question of illegal detention does not arise. There are no merits in the writ petition and the same is liable to be dismissed. 6. Accordingly, the writ petition is dismissed, at the stage of admission, however, with costs of Rs.100/-. 7. Registry is directed to mark a copy of this order to the petitioner. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 01-08-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Kodumur Police Station, Kurnool District. 2 The Superintendent of Police, Kurnool District. 3. Smt. Radhamma, w/o. Eswaranaidu, Ramachandrapuram Village, Kodumur Mandal, Kurnool District. 4. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 5. 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.15398 of 2008 01-08-2008 (Msr)