IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 8531 of 2008 Between: Smt. Pogaru Padvathi, W/o. Ram Gopal, C/o Reddy Nookaraju, Hussainpuram, Samarlakota Mandal, East Godavari District. ..... PETITIONER AND 1 The Government of A.P., rep by its Chief Secretary, SecretariatBuilding,Hyderabad. 2 The Engineer-in-Chief, Irrigation Department, G.D.S. Unit, Hyderabad. 3 The Superintending Engineer, Irrigation Circle, Dhavaleswaram, EastGodavariDistrict. 4 The Superintendent of Police, East Godavari District, Kakinada. 5 The Station House Officer, Peddapuram P.S., East Godavari District. 6 Sri Kalidandi Bhaskar Narayana Raju, @ K.B.N. Raju, S/o. Narsimha Raju, Amalapuram Division, East Godavari District. 7 Sri Peerabathula Swamy Naidu, S/o. now known, Amalapuram Sub-Division, East Godavari District . .....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 a writ, order or direction, more particularly one in the nature of Writ of Habeas Corpus declaring the action of the respondents in not taking proper action in Crime No. 2/2007 of Peddapuram P.S., East Godavari District as illegal, arbitrary, violative of fundamental rights and violative of the provisions of the constitution and fundamental principles of natural justice and consequently direct the respondents to produce the detenue Sri Pogaru Ramgopal S/o. Veerraju, Head Majdoor, Y.R.C. (Kalasi), Sub-Division No.1 Peddapuram, East Godavari District before the Hon'ble Court and to prosecute the Respondent No. 4 for his legal acts of detaining the husband of petitioner and harassment of the petitioner. Counsel for the Petitioner: MR.K.GANI REDDY Counsel for the Respondent Nos. 1 to 5: THE ADVOCATE GENERAL Counsel for the respondent Nos.6 & 7: None appeared The Court made the following Order: Oral Order: Petitioner claiming to be the wife of Ramgopal—alleged detenu filed this writ of Habeas Corpus alleging that her husband is working in Irrigation Department and on the compliant made by her, Cr.No.2/2007 under the head “Man Missing” was registered; she apprehends that respondents 6 and 7 might have detained her husband in some unknown place and there is dangerous to his life. The 5th respondent filed a counter affidavit and also produced the detenu before the court stating that on registration of crime final report was filed before the Judicial First Class Magistrate, Peddapuram and the matter was closed on 02-03-2007. On receipt of the notice from the court he made an enquiry, which reveals that the alleged detenu is residing at LIG 50, APIIC Colony, Ramanaiahpet, Kakinada; on examination the alleged detenu stated that he was not detained by any person, he is residing in the above said address and moving freely; the alleged detenu was produced before the Tahsildar-cum-Mandal Executive Magistrate, Peddapuram on 24-04-2008 who recorded the statement wherein the alleged detenu reiterated that he was not detained by any person and moving freely. The enquiry made by the Investigating Officer reveals that the petitioner is not the legally wedded wife of the alleged detenu, she married another persona and blessed with children. The alleged detenu is also a married person, blessed with children and his family is residing at Visakhapatnam; the alleged detenu was acquainted to the petitioner for some and during that period the petitioner along with her friend threatened the alleged detenu to enroll the name of the petitioner in the nominee column of the service book; being unable to bear their pressure he left the place and finally applied for VRS. Having regard to the fact that the alleged detenu has not been illegally detained, as admitted by him in the statement, issuance of Habeas Corpus at the instance of the petitioner, alleged to be the wife of the detenu, does not arise. If the petitioner has any claim against the alleged detenu, she can avail the remedies before the appropriate forum. The writ petition is accordingly dismissed. ________________ A.GOPAL REDDY, J. ______________________ B.SESHASAYANA REDDY,J. 28-04-2008 Murthy ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of A.P., Rep by its Chief Secretary, Secretariat Building, Hyderabad. 2 The Engineer-in-Chief, Irrigation Department, G.D.S. Unit, Hyderabad. 3 The Superintending Engineer, Irrigation Circle, Dhavaleswaram, East Godavari District. 4 The Superintendent of Police, East Godavari District, Kakinada. 5 The Station House Officer, Peddapuram P.S., East Godavari District. 6. Two CCs to the Advocate General. 7. Two CD copies