IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH 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 WRIT PETITION No.14835 of 2008 Between: Potturi Meeraiah, S/o. P. Narasimhulu, Motadaka Village, Tatikonda, Guntur District. ..... PETITIONER AND 1 The Station House Officer, Tatikonda, Guntur District. 2 The Superintendent of Police, Guntur. .....RESPONDENTS 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 issue an Order, direction or a Writ, more particularly one in the nature of Writ of Habeas Corpus directing the Respondents here in to produce the father of the Petitioner Viz., Potturi Merraia Narasimhaiah, aged about 79 years, before this Hon'ble Court, who was illegally detained by the Sub-Inspector, Tadikonda on 04-7-2008 at approximately 1.00 P.M. apprehending danger to his life and set him at liberty forthwith and to pass Counsel for the Petitioner: Fax message Counsel for the Respondent No.: 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.14835 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 fax message, dated NIL, wherein it is alleged that his father by name Potturi Meeraiah Narasimhaiah, aged about 79 years, was illegally detained by the Sub-Inspector of Police, Tadikonda Police Station, on 04.07.2008 at about 1 pm. In response to the notice, issued by this Court, the ﬁrst respondent-the Sub-Inspector of Police, Tadikonda Police Station, ﬁled counter-aﬃdavit stating, inter alia, that the alleged detenu is an accused in Crime No.61 of 2008 of Tadikonda Police Station registered for the oﬀences under Sections 420 and 447 IPC and from the date of registration of the crime, he has been absconding and at no point of time he was wrongfully detained by the Police. Therefore, in view of the speciﬁc denial of the allegations made in the said fax message, the question of issuing a writ of Habeas Corpus does not arise. For the foregoing reasons, the writ petition is liable to be dismissed and is, accordingly, dismissed, at the stage of admission. However, it is made clear that as and when the alleged detenu is arrested, he shall be produced before the competent Court, in accordance with law. No order as to costs. _______________ D.S.R.VARMA, J ______________ K.C.BHANU, J 29.07.2008 dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Saifabad Police Station, Hyderabad 2 The Commissioner of Police, Basheerbagh, Hyderabad 3 2CCs to Advocate General, High Court of A.P., Hyderabad. 4 2CD copies