IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF OCTOBER 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 : 22137 of 2008 Between: 1 Udutha Nagajyothi, W/o. Shaik Mohammed, Guntur. 2 Shaik Parveen, W/o. Shaik Mohammed, Guntur. ..... PETITIONER(S) AND 1 The Station House Officer, Sangadigunta, Guntur, Guntur District. 2 The Superintendent of Police, Guntur District. 3 The Superintendent of Police, Amalapuram, East Godavari District. 4 The Circle Inspector of Police, Amalapuram Circle, 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 28-09-2008 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 Petitioners' husband namely Shaik Mohammed, before this Hon'ble Court, who was illegally detained by the Circle Inspector of Police, Amalapuram Circle, Sub-Inspector of Police, Amalapuram, who came alongith some constables and alleged thieves by name Uppuluri Sirnivasa Rao, S/o. Pullaiah and Shaik Khasim, S/o. Jony of Sangadigunta, Guntur disclosing that the said thieves sell one kilogram of Gold to the detenu; 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 Respondent No.: 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 Writ Petition No.22137 of 2008 Order: (per K.C.Bhanu, J.) Heard the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondents 1 to 4. 2. Basing on the petitioners’ telegrams, dated 28-9-2008, wherein it was stated that the petitioners’ husband, by name Shaik Mohammed, was wrongfully conﬁned by the Circle Inspector of Police, Amalapuram Circle, Sub Inspector of Police, Amalapuram, East Godavari district and seeking a writ of Habeas Corpus apprehending danger to his life, the present writ petition has been taken up. 3. In pursuance of the notices sent by this Court, the Inspector of Police, Amalapuram Circle, who is respondent No.4 herein, ﬁled a detailed counter-aﬃdavit stating that the detenu was arrayed as accused No.5 in Crime No.67 of 2008 o Uppalaguptam Police Station for the oﬀences punishable under Sections 457 and 380 I.P.C., and in pursuance of the said crime number, he was arrested on 28- 9-2008 and was produced before the Additional Judicial Magistrate of First Class, Amalapuram. In pursuance of the remand order, he was conﬁned in Sub Jail, Amalapuram and he was enlarged on bail on 07-10-2008. 4. In view of these facts, when it is not shown that the petitioners’ husband was wrongfully conﬁned, the question of issuing a writ of Habeas Corpus does not arise. 5. In the result, the writ petition is dismissed, at the stage of admission. ___________________ JUSTICE D.S.R.VARMA ___________________ JUSTICE K.C.BHANU 20th October, 2008. Ak ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MJ}