IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 21839 of 2008 Between: Smt. Latha, W/o. Subbarao, 102, Varadaraja Nagar, Tirupati A.P. Ph.No. 0877-2230271. ..... PETITIONER AND 1 The Station House Officer, Pattabhipuram Police Station, Guntur District. 2 The Superintendent of Police, Guntur. .....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 29-09-2008 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 husband of the Petitioner viz. N. Subba Rao, before this Hon'ble Court, who was illegally detained by the Police Pattabhipuram about 07.00 P.M. on 24-09-2008 at Hyderabad Safulguda, 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:FAX MESSAGE Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION No :21839 OF 2008 ORDER: (Per Ghulam Mohammed,J) 1. This writ petition is taken up basing on the “Fax Message” dated 29.09.2008 sent by the petitioner to the Honourable Chief Justice, praying to issue Writ of Habeas Corpus directing the respondents to produce her husband-N.Subba Rao, before this court, who was illegally detained by Police Pattabhipuram at about 7.00 p.m. on 24.9.2008 at Saﬁlguda, Hyderabad, as she is apprehending danger to the life of her husband, and set him at liberty forth with. 2. Pursuant to the notice, the ﬁrst respondent—Station House Oﬃcer, Pattabhipuram Police station, Guntur, has ﬁled the counter aﬃdavit stating that the alleged detenu is arrayed as A.1 in Crime No.160 of 2008 for the oﬀences under Sections 120 (b), 448, 365, 342 r/w.34 IPC of Pattabhipuram Law and Order Police Station. The said crime was registered on 13.9.2008 basing on a complaint lodged by Matcha Ankamma, resident of Guntur. In connection with the above crime, the alleged detenu was arrested on 5.10.2008 near NTR Bus Stand, Guntur. Immediately on the same day, he was produced before the learned Special Judicial Magistrate of First Class for Prohibition and Excise, Guntur for his remand. The learned Magistrate, on such production of the alleged detenu, has remanded him to judicial custody and he was lodged at District Jail, Guntur and subsequently he was enlarged on regular bail on 1-10.2008. 3. In the circumstances, since the husband of the petitioner has been detained in Crime No.160 of 2008 and arrayed as A.1 and subsequently, he was enlarged on bail, the question of illegal detention by the Police does not arise. 4. Accordingly, the writ petition is closed. _______________________ GHULAM MOHAMMED,J ___________________ G.BHAVANI PRASAD,J 15-10-2008 Stp