IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF OCTOBER 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 : 22158 of 2008 Between: Boya Maddamma, W/o. Boya Maddilety, Bukkapuram Village, Alampur Mandal, Mahaboobnagar District. ..... PETITIONER AND 1 The Station House Officer, Taluk Police Station, Kurnool, Kurnool District. 2 The Superintendent of Police, Kurnool District at Kurnool. .....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 03-10-2008 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 namely Boya Maddilety, and another namely Papanna, who were taken away by the Taluk Police, Kurnool on 29/09/2008, 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:FAX MESSAGE Counsel for the Respondent No.: 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 Writ Petition No.22158 of 2008 Order: (per K.C.Bhanu, J.) Heard the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondents 1 and 2. 2. Taken up writ petition basing on the fax message, dated 03-10-2008, sent by the petitioner herein alleging that her husband, by name Boya Maddilety and another, by name Papanna, were taken into custody wrongfully by the Taluk Police, Kurnool on 29-9-2008 and apprehending danger to their lives, seeking to issue a writ of Habeas Corpus directing the respondents to produce them and set them at liberty forthwith. 3. In pursuance of the notices sent by this Court, the Sub Inspector of Police, Taluk Police Station, Kurnool, who is respondent No.1 herein, ﬁled a detailed counter- aﬃdavit stating that the alleged detenu is accused No.1 in Crime No.265 of 2008 of Taluk Police Station, Kurnool for the oﬀences punishable under Sections 392 and 307 I.P.C. In pursuance of the said crime, he was arrested on 06-10-2008. As per the orders of the learned Judicial Magistrate of First Class, Kurnool, he is now confined in Sub Jail, Kurnool. 4. In view of the fact that the husband of the petitioner is in judicial custody by virtue of the orders of the Court, the question of his illegal detention does not arise. 5. In the result, the writ petition is dismissed, at the stage of admission. ___________________ JUSTICE D.S.R.VARMA ___________________ JUSTICE K.C.BHANU 20th October, 2008. Ak ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MJ}