IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH, AT HYDERABAD THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE P.SWAROOP REDDY TAKEN UP WRIT PETITION NO : 19134 of 2007 Date: 24.09.2007 Between: Shaik Khaja Hussain ..... PETITIONER AND 1. The Station House Officer, Gooty Police Station, Ananthapur District and others. .....RESPONDENTS ORAL ORDER: (per Hon’ble Sri Justice A. Gopal Reddy) This writ petition is taken up on the basis of the Telegram dated 24.08.2007 issued by the father of the alleged detenu, namely, Shaikshavali, alleging that his son was kidnapped and illegally detained by the Sub-Inspector of Police, Gooty Police Station, Ananthapur District and apprehending danger to the life of his son. In response to the notice, the Sub-Inspector of Police, Pattikonda Police Station, the second respondent herein, filed counter affidavit stating that the petitioner filed a private complaint alleging that his son, who is the alleged detenu herein, was kidnapped by one Mr. Balasundaram and five others on 15.12.2006. On referring the above complaint by the learned In-charge Judicial First Class Magistrate, Aluru, the Station House Officer, Pattikonda registered the same as a case in Crime No.45 of 2007 for the offences under Sections 365 r/2 34 IPC and 156(3) Cr.P.C., and investigated into the same. During the course of investigation, it was revealed that the alleged detenu was never kidnapped by the police, but he was at his grandmother’s house at Taduru village. When examined, he stated that accused No.4 in the above Crime, namely, Nagamani lodged a complaint against the petitioner and his family members before the Station House Officer, IV- Town Police, Kurnool. In order to put pressure on the said Nagamani, the alleged detenu went to his Grandmothers house and subsequently, the above private complaint was filed by the father of the alleged detenu. During the course of investigation, the alleged detenu was apprehended at his grandmother’s house at Taduru village, and informed his parents directing them to come over to the police station to take custody of the alleged detenu. But they refused to take the police summons. On the same day i.e., on 14.09.2007 the second respondent produced the alleged detenu before the Judicial First Class Magistrate, Pattikonda, who issued summons to the parents of the alleged detenu. On 17.9.2007 the learned Magistrate in Crl.M.P.No.175 of 2007 passed an order handing the custody of the alleged detenu to his parents. In view of the above we find no truth in the allegations made in the telegram that the alleged detenu was illegally detained by the police. Accordingly, the Writ Petition is dismissed at the admission stage. ____________________ (A. GOPAL REDDY, J.) _______________________ (P. SWAROOP REDDY, J.) 24th September, 2007 Js.