IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY 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.14841 of 2008 Between: Jamil Begum Jaitunbi, Sy.No.40/1, & 42/1 Komarabanda Village, Kodad Rural Mandal, Nalgonda District. ..... PETITIONER AND 1 The Sub Inspector of Police, Rural Police Station Kodad, Nalgonda district 2 The Superintendent of Police, Nalgonda district Nalgonda .....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 order direction or a writ more particularly one in the nature of writ of Habeas corpus directing the respondents herein to produce the two sons of the petitioner before this Hon`ble court who were illegally taken away by the Sub Inspector of Police, Mr.Sivasankar Goud, Rural Police station, Kodad, on 3.7.2008 apprehending danger to their lives and set them at liberty forthwith and to pass appropriate orders. Counsel for the Petitioner: LETTER Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following : THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.14841 of 2008 ORAL ORDER: (per the HON’BLE SRI JUST ICE D.S.R.VARMA) Heard learned Assistant Government Pleader, representing learned Advocate General, appearing for the respondents. 2. This writ petition is taken up, on the basis of a letter, dated 07.07.2008, addressed to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, by one Jamila Begum, resident of Komarabanda Village, Kodad Rural, Kodad, Nalgonda District, alleging that her two sons, by name Khaja Allauddin and Khaja Ainuddin, were illegally arrested by the Sub-Inspector of Police, Rural Police Station, Kodad, on 03.07.2008. 4. In response to the notice, issued by this Court, the ﬁrst respondent-Sub-Inspector of Police, Kodad Rural Police Station, Nalgonda, ﬁled counter-aﬃdavit denying the allegations in the said letter and stating, inter alia, that the alleged detenus are Accused Nos.2 and 3 in Crime No.113 of 2008 of Kodad Rural Police Station, registered for the oﬀences punishable under Sections 447, 427, 379 and 323 of the Indian Penal Code and that the petitioner is Accused No.5 in the said crime. 5. Today, again, the ﬁrst respondent ﬁled additional counter-aﬃdavit stating, inter alia, that the petitioner and the alleged detenus have ﬁled a petition under Section 438 of the Code of Criminal Procedure, seeking to grant anticipatory bail in the said Crime, before the Principal District and Sessions Judge at Nalgonda, which was dismissed on 29.07.2008. 6. From the above said fact, it is obvious that the alleged detenus were not in the custody of Police, much less, illegally. If really, they were arrested illegally by Police, as alleged in the said letter, on 03.07.2008, there was no necessity for them to move an application seeking to grant anticipatory bail, before the said Court. This fact itself falsiﬁes the version of the petitioner. 7. Therefore, we are of the considered view that this writ petition is totally a frivolous one, at the cost of this Court’s time and energy, and hence the same is liable to be dismissed. 8. In the result, the writ petition is dismissed, with costs, at the stage of admission. ______________________ JUSTICE D.S.R.VARMA _____________________ JUSTICE K.C.BHANU 31.07.2008 Note: Registry is directed to send a copy of this order to the petitioner. B/o dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Sub Inspector of Police, Rural Police Station Kodad, Nalgonda district 2 The Superintendent of Police, Nalgonda district, Nalgonda. 3 2CCs to Advocate General, High Court of A.P., Hyderabad (OUT) 4 2CD copies