IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE REDDI KANTHA RAO WRIT PETITION NO : 6512 of 2008 Between: M. Nirmala, W/o. M. Kishore, Korlagunta, Tirupathi Town, Chittoor District. ..... PETITIONER AND 1 The Station House Officer, Chittoor, Chittoor District. 2 The Flying Squad (A Mobile Party) of Forest Department Officials, Mangalam, Tirupathi Town, Chittoor District. .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that for the reasons stated in the "Fax Message" dated 24-03-2008 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 husband, M. Kishore, S/o. M.Ramkrishna, before this Hon'ble Court, who was illegally detained by the Flying Squad (A Mobile Party) of Forest Department Officials on 22-03-2008, 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: FAX MESSAGE Counsel for the Respondents: THE ADVOCATE GENERAL The Court at the stage of admission made the following : ORDER: (per Sri A. Gopal Reddy, J) Fax message dated 24-03-2008 sent by the petitioner to the Hon’ble the Chief Justice has been taken up as a writ petition. It is alleged in the fax message that the Flying Squad (A Mobile Party) of Forest Department Officials, Tirupathi have detained the husband of the petitioner M. Kishore on 22-03-2008 and they are applying third degree methods and there is no safety to his life in the hands of the Flying Squad. Notice has been issued to the respondents by this Court on 27-03-2008. In response to the same, the Forest Range Officer, Flying Squad, Forest Department, Tirupati, the 2nd respondent herein filed an affidavit stating that the alleged detenu is an accused in DOR No. 279/2007-08 for the offences under Rule 3 of A.P Red Sanders and Sandal Wood Transit Rules, 1969 and Section 29 (4A) (1) of Andhra Pradesh Forest Act, 1967 registered on 23-03-2008 at 11.30 PM and in connection with the said crime, he was arrested at 5.00 PM on 24-03-2008 and was produced before the learned III Additional District Munsif Magistrate, Tirupati, who remanded him to judicial custody. Initially, the detenu was lodged at Sub-Jail, Tirupati, but later he was enlarged on bail on 27-03-2008. During the course of investigation, it came to light that the alleged detenu who is also called as Takku Subrahmanyam is also accused in three more forest offences in DOR No.102/2007-08 on the file of Flying Squad Division, Tirupati and DOR Nos.10/2005-06 and 2/2006-07 on the file of Wild Life Management Division, Tirupati. It is stated that on production of the alleged detenu before the learned Magistrate, he has not made any complaint about his detention on 22-03-2008 and also regarding applying of third degree methods. In view of the above averments made in the counter affidavit, no credence can be given to the fax message sent by the petitioner. Once the alleged detenu was arrested and produced before the learned Magistrate, the question of illegal detention does not arise for issuing the writ of habeas corpus. The writ petition is accordingly dismissed. A.GOPAL REDDY, J B.SESHASAYANA REDDY, J 10-04-2008 ks ………... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Chittoor, Chittoor District. 2 The Flying Squad (A Mobile Party) of Forest Department Officials, Mangalam, Tirupathi Town, Chittoor District. 3 2 CCs to the Advocate General, High Court of Andhra Pradesh, Hyderabad (OUT). 4 2 CD copies.