IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.CHANDRA KUMAR WRIT PETITION NO : 17707 of 2008 Between: Smt. Rudraraju Mohini Anantha Lakshmi W/o. Rudraraju Ruma Sankar Raju R/o. H.No. 18-11-8, Ramachandrapuram, Bheemavaram, West Godavari District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Prl. Secretary, Home Department, Secretariat Buildings, Hyderabad. 2 The Superintendent of Police West Godavari District at Eluru. 3 The Deputy Superintendent of Police, Narasarapuam Division, Narasarapuram, West Godavari District. 4 The Circle Inspector of Police, Bhimavaram Rural Police Station, Bhimavaram, West Godavari District. 5 The Station House Officer, Kalla Police Station, Bhimavaram Rural , Bhimavaram, West 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 to issue an appropriate order or direction more particularly one in the nature of Writ of Habeas Corpus to direct the respondents to produce the petitioner's husband by name Rudraraju Ruma Sankar Raju S/o. Ganga Raju, aged 41 years before this Hon'ble Court and set him at his liberty and pass such other order or orders Counsel for the Petitioner:MR.K.V.L.NARASIMHA RAO Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE B.CHANDRA KUMAR WRIT PETITION No. 17707 OF 2008 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) The wife of the alleged detenu-Rudraraju Rama Sankar Raju moved this Court by way of this Writ Petition under Article 226 of Constitution of India for issuance of writ of habeas corpus to direct the respondents to produce her husband before this Court and to set him at liberty. Though police denied about the illegal detention of the alleged detenu in their counter affidavit, but in view of the affidavits filed by R.Srinivasa Murthy, Advocate and another, this Court by an order dated 28.1.2009 directed the District Judge, West Godavari District to cause an enquiry into the allegations made by said Advocate and two other deponents to know whether the fact of their seeing the alleged detenu in the custody of police is correct or not after giving an opportunity to the petitioner and the respondents-police supporting their respective contentions and for submission of a detailed report in that regard. Subsequent to the said order, the alleged detenu filed W.P.M.P.No.4192 of 2009 to implead himself as 6th respondent in the Writ Petition, which was ordered today. He stated in the affidavit that this Court after calling for the report from the District Judge, police released him from their custody. It is stated that as he involved in Crime No.91 of 2008 on the file of Kalla Police Station and as the police were making efforts to apprehend him, he afraid and he himself absconded to evade his arrest and he did not disclose of his whereabouts for a few days event to his wife-petitioner herein. The counter affidavit filed by the 4th respondent also discloses about the involvement of alleged detenu in Crime No.91 of 2008. Sri C.Padmanabha Reddy, learned senior counsel appearing for the alleged detenu-6th respondent submitted that the 6th respondent was released by the police from their custody and later he himself absconded to evade his arrest in connection with Crime No.91 of 2008 and he is unable to move the bail application before the lower Court in view of the enquiry ordered by this Court into the allegation of illegal detention. Having regard to the fact that the alleged detenu-6th respondent has already been released and he himself filed an affidavit to the effect that he himself absconded to evade his arrest, no cause survives in the writ petition. Accordingly, the Writ Petition is dismissed. The order passed by this Court dated 28.1.2009 directing the District Judge, West Godavari to cause enquiry into the allegation of illegal detention of alleged detenu-6th respondent stands recalled. No order as to costs. _________________ (A. GOPAL REDDY, J.) _______________ (B.CHANDRA KUMAR, J.) FEBRUARY 19, 2009 TSR