IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 24993 of 2008 Between: Smt. Gurramkonda Sulochanamma, W/o. Subbarao, R/o. Bogolu Village and Mandal, Sri Potti Sriramulu, Nellore District. ..... PETITIONER AND 1 The Station House Officer, Bitragunta Police Station, Nellore District. 2 The Circle Inspector of Police, Kavali Circle, Nellore District. 3 The Superintendent of Police, Nellore District at 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 "Fax Message" dated 31-10-2008 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 4th son of the Petitioner herein namely Gurramkonda Rajesh @ Budda, before this Hon'ble Court, who is forcibly taken away by the police personnel of Bitragunta Police Station on 30-10-2008, torturing the Petitioner's son and shifting him from Bitragunta Police Station to Circle Inspector, Kavali, 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 Respondent No.: THE ADVOCATE GENERAL The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION NO.24993 OF 2008 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) Fax message sent by Smt. Gurramkonda Sulochanamma dated 31.10.2008 to the Hon’ble Chief Justice alleging that her 4th son Gurramkonda Rajesh @ Budda was forcibly taken away by the police of Bitragunta Police Station on 30.10.2008 and she apprehends danger to his life, has been taken up as a writ petition. In response to the notice, Sub-Inspector of Police, Bitragunta Police Station, 1st respondent herein filed an affidavit stating that on a complaint lodged by one Kalavakuri Srihari Naidu of Gogolu Village, a case in Crime No.12 of 2008 for the offences under Sections 457 and 380 I.P.C. on the file of Bitragunta Police Station was registered on 12.2.2008 and in that connection, the alleged detenu was arrested on 1.11.2008 and later he was produced before the Additional Judicial First Class Magistrate, Kavali for his remand. On such production, the learned Magistrate remanded the alleged detenu to judicial custody and was subsequently enlarged on regular bail on 6.11.2008. In the affidavit, the allegation of illegal detention is denied. In view of the fact that the alleged detenu is an accused in connection with Crime No.12 of 2008 and was arrested and later released on bail, the allegations in the fax message cannot be countenanced. The writ petition is accordingly dismissed. No costs. _________________ (A. GOPAL REDDY, J.) _______________ (R. KANTHA RAO, J.) NOVEMBER 28, 2008 TSR Copy To: 1 The Station House Officer, Bitragunta Police Station, Nellore District. 2 The Circle Inspector of Police, Kavali Circle, Nellore District. 3 The Superintendent of Police, Nellore District at Nellore. 4. The Government Pleader for Home, High Court Buildings, Hyderabad (OUT) 5. Two C.D.Copies.