IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 3335 of 2009 Between: Somanchi Lakshmi Kantham, Fathebad, Eluru, West Godavari District. ..... PETITIONER AND 1 The Station House Officer, Town Circle Inspector, Eluru, West Godavari District. 2 The Station House Officer, III Town Police Station, Eluru, West Godavari District. 3 The Superintendent of Police, West Godavari District at Eluru. .....RESPONDENTS 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 11-02- 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 son of the Petitioner herein namely Somanchi Venkatewara Rao, aged 52 years, who is working in the office of the Deputy Director, Social Welfare Department, Eluru, before this Hon'ble Court, who is illegally detained since the intervening night of 8/9 February, 2009 by the police and 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 : Oral Order: (Per Honourable Sri Justice A.Gopal Reddy) This writ petition is taken up on the basis of a telegram dated 11-02-2009 sent by the petitioner to the Hon’ble Chief Justice alleging that her son, namely, Somanchi Venkateswara Rao, who is working in the office of Deputy Director, Social Welfare Department, Eluru, was illegally detained by the police since the intervening night 8/9-02-2009 and apprehending danger to his life. In response to notice, the Sub-Inspector of Police, III Town (Land & Order) Police Station, Eluru, West Godavari District—2nd respondent herein filed an affidavit stating that alleged detenu is arrayed as Accused No.1 in Cr.No.21 of 2009 for the offence under Sections 467, 471, 409, 420 r/w 34 IPC registered on the complaint given by one Kesavulagari Surendra Babu, Deputy Director, District Treasury, Eluru and in connection with the said crime the alleged detenu was arrested on 11-02-2009; after completion of formalities of arrest on the same day i.e. 11-02-2009 the alleged detenu was produced before II Additional First Class Magistrate, Eluru. On such production, the learned Magistrate remanded him to judicial custody. Pursuant to the remand order, the alleged detenu was lodged in Sub-Jail, Eluru. Since a crime has been registered against the alleged detenu on the complaint made by Deputy Director, District Treasury, Eluru and in connection with the said crime the alleged detenu has been arrested and remanded to judicial custody and in pursuance of the remand order he was lodged in Sub-Jail, Eluru, it cannot be said that the alleged detenu has been illegally detained by the police, as alleged in the telegram. The writ petition is misconceived and it accordingly dismissed. ________________ A.GOPAL REDDY, J. _____________________ VILAS V. AFZULPURKAR,J 06-03-2009 Murthy ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Town Circle Inspector, Eluru, West Godavari District. 2 The Station House Officer, III Town Police Station, Eluru, West Godavari District. 3 The Superintendent of Police, West Godavari District at Eluru. 4. 2 CD copies