IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU TAKEN UP WRIT PETITION No. 14090 of 2008 Between: Kondeti Rajeswari, Anjaneya Temple, Kadiapu Lanka, West Godavari District. ..... PETITIONER AND 1 The Station House Officer, West Godavari District. 2 The Superintendent of Police, West Godavari District. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 20-06-2008 and 21-06-2008 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 namely Kondeti Rambabu, Anjaneya Temple, Kadiapu Lanka, West Godavari, before this Hon'ble Court, who was illegally detained since 19-06-2008 at 10.00 A.M. by the police, West Godavari, 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.14090 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is initiated at the instance of the petitioner’s telegrams, dated 20-06-2008 and 21-06-2008, wherein it is alleged that the husband of the petitioner viz., Kondeti Rambabu, Anjaneya Temple, Kadiapu Lanka, West Godavari District, was illegally detained since 19-06-2008 by the police of West Godavari District, and that she is apprehending danger to his life. 3. A counter affidavit has been filed by the Sub-Inspector of Police, Incharge of Range Crime Control Squad, West Godavari District, stating that the alleged detenu was an ex-convict, who involved in as many as six crimes i.e., Crime Nos.173, 231, 317, 442, 352 and 359 of 2007 of III Town, C.C.C., Rajahmundry. It is also stated that the alleged detenu is also an accused in Crime No.3 of 2006 for the offence punishable under Sections 457 and 380 I.P.C. It is further stated that the father of the alleged detenu viz., Kondeti Rama Rao is also an accused in Crime Nos.23, 19 and 20 of 2006 of Bheemavaram II Town Police Station, and from the date of registration of the above said crimes, the father of the alleged detenu is found to be absconding. The allegation that the alleged detenu was wrongfully detained was specifically denied by the Sub- Inspector of Police in the counter affidavit. 4. In view of the categorical statement made by the Sub-Inspector of Police, Incharge of Range Crime Control Squad, West Godavari District, when it is not shown that the alleged detenu was in illegal custody, the question of issuing Writ of Habeas Corpus does not arise. 5. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed. 6. 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 16-07-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, West Godavari District. 2 The Superintendent of Police, West Godavari District. 3. 2 CCs to the Advocate General, Government of Andhra Pradesh, 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.14090 of 2008 16-07-2008 (Msr)