IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF SEPTEMBER 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. 20070 of 2008 Between: N. Vidyapathi, S/o. Ramulu, R/o. H.No. 3-10-448, Chandranagar, Nizamabad. ..... PETITIONER AND 1 The Station House Officer, IVth Town Police Station, Nizamabad. 2 The Superintendent of Police, Nizamabad District. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 11-09-2008 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 brother of Petitioner herein namely N. Prakash, S/o. Ramulu, aged 46 years, Correspondent of New Priyadarshini High School, Yellammagutta, Nizamabad and his wife N. Pushpalatha (Principal of the school), who were taken away by the police of IVth Town Police Station, Nizamabad on 09- 09-2008 and apprehending danger to their lives and set them 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 : TELEGRAM Counsel for the Respondents : THE ADVOCATE GENERAL The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.20070 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is taken up at the instance of the petitioner’s telegram, dated 11-09-2008, wherein it is alleged that his brother viz., N.Prakash, s/o. Ramulu, aged about 46 years, Correspondent of New Priyadarshini High School, Yellammagutta, Nizamabad, and his wife viz., N.Pushpalatha (Principal of the School), were illegally taken away by the police of IV Town Police Station, Nizamabad, on 09-09-2008, and the police have neither registered any case nor the alleged detenus were produced before any Court of law, that he is apprehending danger to their lives and set them at liberty, forthwith. 3. A counter aﬃdavit has been ﬁled by the Sub-Inspector of Police, IV Town Police Station, Nizamabad, representing the ﬁrst respondent herein, stating that the alleged detenu No.1 is an accused in Crime No.140 of 2008 for the oﬀence punishable under Sections 302 and 201 of Indian Penal Code, of Nizamabad IV Town Police Station, which was registered on 09-09-2008 basing on a complaint given by one Patrolla Sailu of Konepalli village, Renjal Mandal, Nizamabad District. In connection with the above said crime, the alleged detenu No.1 was arrested on 16-09-2008 and produced before the Additional Judicial First Class Magistrate, Nizamabad, who inturn remanded him to judicial custody and by virtue of the remand order, dated 16-09- 2008, of the learned Magistrate, the alleged detenu No.1 is now lodged at District Jail, Nizamabad. 4. Insofar as alleged detenu No.2, it is stated that she was never detained by the ﬁrst respondent police in any manner and she herself organized a Press Meet on 20-09-2008 and gave a statement denying all the allegations levelled against her husband i.e., alleged detenu No.1. 5. In view of the categorical statement made by the ﬁrst respondent, it is clear that the detention of alleged detenu No.1 is in pursuance of a judicial order of remand and alleged detenu No.2 was not illegally or wrongfully detained and she is moving freely. Therefore, the question of issuing Writ of Habeas Corpus does not arise. 6. For the foregoing, we see no grounds to continue the writ petition any further and the same is liable to be dismissed. 7. 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 K.C.BHANU 30-09-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, IVth Town Police Station, Nizamabad. 2 The Superintendent of Police, Nizamabad District. 3. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 4. 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.20070 of 2008 30-09-2008 (Msr)