IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON’BLE MR JUSTICE G.V.SEETHAPATHY WRIT PETITION NOs : 390 OF 2009 & 671 of 2009 WRIT PETITION NO : 390 of 2009 Between: Veeranjaneyulu, S/o. Chinna Anjaneyulu, R/o. Devarabanda Village, Dhone Mandal, Kurnool District. ..... PETITIONER AND 1 The Station House Officer, C.C.S. Police Station, Vijayawada Pattabhipuram, Vijayawada, Krishna District. 2 The Commissioner of Police, Vijayawada, Krishna 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 For the reasons stated in the "Fax Message" dated 14-01-2009 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 sister of Petitioner herein namely Smt Anjali, age 28 years, W/o. Narayana, R/o. Gujangundia Street, Guntur, and another namely Vani, age 29 years, W/o. Thimothy, R/o. Guntur, before this Hon'ble Court, who were illegally detained since 08-01-2009 by police of City Crime Station, Pattabhipuram, Vijayawada and apprehending danger to their lives and set them 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 WRIT PETITION NO : 671 of 2009 Between: V. Veeranjaneyulu S/o. Chinna Anjaneyulu R/o. H.No. 2-47, Devarabada Village, Dhone Mandal, Kurnool District. ..... PETITIONER AND 1 The Superintendent of Police Guntur Guntur District. 2 The Station House Officer Pattabhipuram Central Crime Station Police Station Guntur 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 Writ Order or Direction more particularly one in the nature of Writ of Habeas Corpus, directing the respondents to produce the detenues, viz., (i) P. Anjali, W/o. P. Narayana, aged 28 years (ii) P. Narayana, S/o. Venkatesh, Aged 35 years, (iii) Kum. P. Rani, D/o. Narayana, Aged 10 years, (iv) P. Satish, S/o. P. Narayana, Aged 7 years and (v) Smt. Vani, W/o. Thimothi, Aged 29 years, all are residents of Gujanabundla Street, Guntur Town, Guntur District, before this Hon'ble Court and to set them at liberty after declaring their arrest as illegal and arbitrary. Counsel for the Petitioner:MR.T.KUMAR BABU 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 G.V.SEETHAPATHY WRIT PETITION NOS.390 & 671 OF 2009 COMMON ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) W.P.No.390 of 2009 has been taken up on the basis of fax message sent by the petitioner dated 14.01.2009 to the Hon’ble Chief Justice alleging illegal detention of his sister Smt. Anjali and another by police of City Crime Station, Pattabhipuram, Vijayawada on 8.1.2009. The very same petitioner filed W.P.No.671 of 2009 seeking writ of habeas corpus to direct the respondents to produce the alleged detenue (i) P.Anjali; (ii) P.Narayana; (iii) Kum.P.Rani; (iv) P.Satish; and (v) Smt. Vani before this court. The Sub-Inspector of Police, Pattabhipuram Crime Police Station, Guntur filed a common counter affidavit stating that on the complaint lodged by one Machavarapu Aruna Sree, a case in Crime NO.22 of 2009 under Sections 420 and 406 I.P.C. has been registered on the file of Pattabhipuram Police Crime Police Station, Guntur on 23.1.2009. After completing the formalities, the alleged detenue No.1,2 and 5 were arrested and produced before the Special Judicial First Class Magistrate and Prohibition & Excise Magistrate, Guntur and the learned Magistrate was pleased to remand them to judicial custody and accordingly, they are now lodged at District Jail, Guntur. So far as the alleged detenue Nos.3 and 4 i.e. P.Rani and P.Satish are concerned, it is stated that they were never arrested by the police. It is stated that the petitioner herein is A.4 in the said crime. During the course of investigation, A.2, A.3 and A.5 were examined and they confessed to have committed the offence and after recording their confessional statements, gold ornaments were recovered in the presence of mediators under a cover of panchanama. So far as A.4 (petitioner herein) is concerned, efforts are being made to apprehend him. Now, the learned counsel for the petitioner admits about the remand of the alleged detenue in pursuant to the orders of the learned Magistrate. In view of the above, no adjudication is called for in the writ petitions and the same are accordingly dismissed. No costs. _________________ (A. GOPAL REDDY, J.) _______________ (G.V.SEETHAPATHY, J.) JANUARY 29, 2009 TSR