IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.13293 of 2009 Between: Vemula Pushpa, W/o. Vemula Veeresham, R/o. Pannalagudem, Nakrekal Village & Mandal, Nalgonda District. ..... PETITIONER AND 1 The Government of A.P. Rep by its Principal Secretary, Home Department, Secretariat, Hyderabad. 2 The Director General of Police, Government of A.P. Hyderabad. 3 The Commissioner of Police, Nalgonda. 4 The Superintendent of Police, Nalgonda. 5 The Assistant Commissioner of Police LB Nagar, Ranga Reddy District. 6 The Station House Officer, LB Nagar, Ranga Reddy 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 an appropriate writ, order or direction, more particularly one in the nature of Writ of Habeas Corpus, directing the respondents herein to produce the detenue Viz. 1) Vemula Veeresham, S/o. Kondaiah, age 33 years, r/o. Utukuru Village, Shaligouram Mandal, Nalgonda District, 2) Edula Venkanna, S/o. Latchaiah, aged about 25 years, R/o. gattu Singaram Village, Mothkur Mandal, Nalgonda District presently residing at Rajivgandhi Nagr, LB Nagar and 3) Rama, other details of the 3rd detenu is not known to the petitioner, before this Hon'ble Court and to set their at liberty declaring their arrest as illegal, arbitrary and unconstitutional and to grant Counsel for the Petitioner:MR.C.VENKAT YADAV Counsel for the Respondent No.: THE ADVOCATE GENERAL THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.13293 of 2009 ORDER: (per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed seeking a direction to the respondents to produce the detenus viz., Vemula Veeresham; Edula Venkanna and Rama before this Court and to set them at liberty declaring their arrest as illegal. The petitioner, wife of the Vemula Veeresham, alleges that on 02.07.2009 at about 3.30 PM her husband, along with two others, was taken away forcibly by the police from the house of the 2nd detenu and that the police have not produced them before the Court till date. The apprehension of the petitioner is that the police may kill the alleged detenus in a fake encounter. On instructions, learned Assistant Government Pleader representing learned Advocate General, submits that on 03.07.2009 at 7.25 AM, while the Sub-Inspector of Police, Dachepalli, along with others, was conducting ROP from Rama puram cross road to Ramapuram Village, Dachepalli Mandal, they found three persons, chased them and took into custody and seized two soap box bombs and a steel tiffin box bomb from the possession of the alleged 1st detenu; two soap box bombs from the alleged 2nd detenu and one soap box bomb from the alleged 3rd detenu and a case in Crime No.115 of 2009 was registered under Section 5 of the Explosive Substances Act. She further submits that the alleged detenus are also involved in several other crimes and the Sub-Inspector of Police, Gurazala, filed a remand report in Crime No.115 of 2009 before the I Additional Junior Civil Judge seeking their remand for a period of 15 days to enable him to complete investigation and file charge sheet. From the remand report filed by the Sub-Inspector of Police, Gurazala, before the I Additional Junior Civil Judge, Gurazala, it is clear that the alleged detenus are not in illegal detention as alleged by the petitioner. Hence, we decline to issue habeas corpus to produce the alleged detenus. The writ petition is accordingly dismissed. No order as to costs. __________________________ GHULAM MOHAMMED,J __________________________ VILAS V. AFZULPURKAR,J Dt:05-07-2009 usd