THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.24407 of 2009 Date: 18.11.2009 Between : Karreddula Sarasamma … Petitioner And The Superintendent of Police, Nellore District, Nellore and another. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.24407 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is filed seeking production of the petitioner’s son, by name Karreddula Babu, s/o. late Penchalaiah, aged 24 years, resident of Vaikuntapuram, Kavali Town, Nellore District, who was illegally detained by respondents, before this Court and set him at liberty. 3. A counter affidavit has been filed by the 2nd respondent- Station House Officer, Bitragunta Police Station, Nellore District, who also holds the additional charge as Station House Officer, II Town Police Station, Kavali, Nellore District, stating inter alia that the alleged detenu is Accused No.1 in Crime Nos.48 of 2009 and 19 of 2009 registered for the offences punishable under Section 379 of Indian Penal Code, of Chirala Railway Police Station. It is further stated that the alleged detenu was taken into custody along with other accused on 7.11.2009 by the Chirala and Gudur Railway police and produced before the learned Special Judicial Magistrate of First Class, Railways on the same day, who inturn remanded them to judicial custody. Pursuant to the said order of remand by the learned Magistrate, the alleged detenu along with others was now lodged at Central Prison, Nellore. 4. Having regard to the facts stated in the counter affidavit, the question of illegal detention does not arise. There are no merits in the writ petition and the same is liable to be dismissed. 5. 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 R.KANTHA RAO 18.11.2009 Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.24407 of 2009 18.11.2009 (Msr)