IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH 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.16891 of 2008 Between: Kondangi Manmadharao, S/o. late Nukayya, Pachipenta Mandal, Vizianagaram District. ..... PETITIONER AND 1 The Station House Officer, Pachipenta Police Station, Vizianagaram District. 2 The Superintendent of Police, Vizianagaram District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that for the reasons stated in the "Telegram" dated 31- 07-2008 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 brother of the Petitioner by name Dr. Kondangi Bhaskar of Salur, Vizianagaram District, before this Hon'ble Court, who was illegally detained since two days by the police of Pachipenta, Vizianagaram District; 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 HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.16891 of 2008 ORDER: (per THE HON’BLE SRI JUSTICE K.C.BHANU) This writ petition is taken up at the instance of the petitioner’s telegram, dated 31.07.2008, wherein it is alleged that his brother by name Dr.Kondangi Bhaskar, resident of Salur, Vizianagaram District, was illegally detained by the police personnel of Pachipenta Station, Vizianagaram District. In response to the notice, issued by this Court, the ﬁrst respondent-the Sub-Inspector of Police, Pachipenta Police Station, Vizianagaram District, ﬁled a detailed counter-aﬃdavit stating, inter alia, that the alleged detenu was arrayed as Accused No.4 in Crime No.48 of 2008 of Pachipenta Police Station registered for the oﬀences under Sections 498-A and 506 (2) read with 34 IPC and Section 4 of the Dowry Prohibition Act and he was arrested on 31.07.2008 and was produced before the Judicial Magistrate of First Class, Salur and pursuant to the remand order passed by the Magistrate, he was sent to judicial custody. Thereafter, on 01.08.2008, the alleged detenu was released on bail by the competent Court. It is shown that in pursuance of the judicial order, the alleged detenu was conﬁned in the jail, and thereafter, he was released on bail. It is not shown that he was in wrongful or illegal custody of the Police. In the circumstances, the writ petition is liable to be dismissed and is, accordingly, dismissed, at the stage of admission. However, there shall be no order as to costs. _______________ D.S.R.VARMA, J ______________ K.C.BHANU, J 19.08.2008 dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Pachipenta Police Station, Vizianagaram District. 2 The Superintendent of Police, Vizianagaram District. 3 2CCs to Advocate General, High Court of A.P., Hyderabad. (OUT) 4 2CD copies