IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF AUGUST 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.16284 of 2008 Between: M. Jayashri W/o. M. Sravan Kumar R/o. 18-7-538-541, Kandikal, Boyaguda, Hyderabad ..... PETITIONER AND 1 The Station House Officer, Chatrinaka Police Station, Hyderabad District. 2 The Commissioner of Police, Hyderabad, A.P. .....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 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 namely M. Sravan Kumar, Before this Hon'ble Court, who was illegally detained since last twenty days by the Chatrinaka Police namely Venkata Ramana and Mr. Sydaiah, harassing the detenue and demanding Rs. 30,000/- from the petitioner and her family members 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 : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.16284 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is taken up basing on a telegram, dated 22-07-2008 sent by the petitioner to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, seeking a direction to the respondents to produce her husband viz., M.Sravan Kumar, before this Court, who was illegally detained since last twenty days by the Chatrinaka Police and that she is apprehending danger to his life. 3. A counter aﬃdavit has been ﬁled by the Inspector of Police, Chatrinaka Police Station, Hyderabad, representing the ﬁrst respondent herein, stating inter alia that pursuant to the present telegram an enquiry was caused which reveals that at no point of time, the ﬁrst respondent police illegally detained the alleged detenu. However, one Sri Sriramulu, resident of Kandikal, Boyaguda, Hyderabad, approached the ﬁrst respondent police on 26-01-2008 and lodged a complaint stating that his son viz., M.Muralidhar, A Traﬃc Police Constable working in Kachiguda Traﬃc Police Station, is missing since 22-01-2008, and the same was registered as Crime No.29 of 2008 under the head “Man Missing” and took up investigation. While so, the said complainant lodged another complaint stating that there were some property disputes between him and his brother Sri M.Balraj and that he suspects the involvement of his brother’s son in kidnapping his wife. On the basis of the said complaint, investigation was caused and in that process, the statements of the complainant as well as the supportive witnesses were recorded on 28-06-2008. Subsequently, the investigating oﬃcer summoned the alleged detenu and thoroughly examined him on 29-06-2008 and 30-06-2008 wherein the alleged detenu categorically denied the allegations before the police and his involvement in the missing of the son of the complainant. After the said examination, the alleged detenu was let oﬀ with a direction to appear before the police as and when his presence is required. It is further stated that since the complainant also very much doubted the involvement of the alleged detenu in missing of his son, the ﬁrst respondent police made a requisition on 04-08- 2008 to the Director, Forensic Science Laboratory (Physical Evidence), Hyderabad, through proper channel, with a request to conduct polygraph test and despite the said request, no test had been conducted and the same is pending. Therefore, even though there was no action taken by the police except calling the alleged detenu on 29-06-2008 and 30-06-2008, the alleged detenu sent the petitions through his father and wife with false allegations of illegal captivity. 4. Having regard to the facts stated in the counter aﬃdavit, we do not feel it expedient to continue the writ petition any further. 5. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 11-08-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Chatrinaka Police Station, Hyderabad District. 2 The Commissioner of Police, Hyderabad, A.P. 3. 2 CCs to the Advocate General, Government of A.P., High Court Buildings, Hyderabad. (OUT). 4. 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.16284 of 2008 11-08-2008 (Msr)