IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 3725 of 2008 Between: Godugu Nagaraju, Ravindra Nagar, D.No. 12/12,12/11, Nellore. ..... PETITIONER AND 1 The Station House Officer, 4th Town, Nellore District. 2 The Superintendent of Police, Nellore. .....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 20-02-2008 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 Petitioner's Junior paternal Uncle, Viz. Goduku Ramanaiah, S/o. Masthanaiah, before this Hon'ble Court, who was illegally detained by the police of 4th Town, Nellore, 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 at the stage of admission made the following : ORDER: (per Sri A. Gopal Reddy, J) Telegram dated 20-2-2008 sent by the petitioner to the Hon’ble the Chief Justice of this Court alleging that his junior paternal uncle viz., Godugu Ramanaiah, son of Masthanaiah was illegally detained by the police of IV Town Police Station, Nellore and he apprehends danger to his life has been taken up as a writ of habeas corpus. In response to the notice, the Sub-Inspector of Police, IV Town Police Station, Nellore, the 1st respondent herein filed counter affidavit stating that a complaint was lodged by one Thummala Srinivasulu Reddy in July, 2007 alleging that the alleged detenu has illegally occupied his land and when he questioned, he was threatened with dire consequences. In connection with the said complaint, the police called the alleged detenu to the police station and after enquiry, informed the parties that it is purely a civil dispute and they have to work out the same before an appropriate forum, but he was not illegally detained as alleged in the telegram. It is also stated that the police produced the alleged detenu before the Mandal Executive Magistrate, Nellore on 12-3-2008 and the Mandal Executive Magistrate recorded his statement, which discloses that the alleged detenu was never detained by the police and is moving freely attending to his day to day work. In view of the statement, we cannot give any credence to the contents of the telegram alleging illegal detention. The writ petition is accordingly dismissed. A.GOPAL REDDY, J B.SESHASAYANA REDDY, J 17-03-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, 4th Town, Nellore District. 2 The Superintendent of Police, Nellore. 3 2 CCs to the Advocate General, High Court of Andhra Pradesh, Hyderabad (OUT). 4 2 CD copies