HON’BLE SRI JUSTICE A. GOPAL REDDY and HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO Taken up W.P.No.25899 of 2007 Dt.4-2-2008 Guttala Narasimha Murthy ..Petitioner Vs. 1.The Station House Officer, Ravulapalem Police Station, East Godavari District and three others.. ..Respondents. HON’BLE SRI JUSTICE A. GOPAL REDDY and HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO Taken up W.P.No.25899 of 2007 Oral Order: (Per Hon’ble Sri Justice A.Gopal Reddy) This is a taken up writ petition on the basis of a telegram dt. 26-11-2007 sent by the petitioner to the Honourable the Chief Justice alleging that his brothers Annavaram, Prasad and Srinivas were taken away by the Circle Inspector, Sub-Inspector of Police, Assistant Sub-Inspector of Police and other staff of Ravulapalem Police Station on 1-9-2007 and were detained them in various police stations till 13-9-2007 in connection with C.No.19/2007 on the file of Ravulapalem Police Station registered on the complaint of one Smt. Pillai Sai and his younger brothers Annavaram and Prasad were remanded to judicial custody on 13-9-2007 by implicating a false case against them and they be released by forthwith by issuing a Writ of Habeas Corpus. In response to the rule nisi, the Sub-Inspector of Police, Ravulapalem Police Station filed counter-affidavit stating that on registering a Cr.No.19/2007 registered under Sec. 174 Cr.P.C., for the death of Palle Subramanyam, investigation was taken up. During the course of investigation, all the witnesses were examined, who stated that the deceased might have been murdered by the owners of saw mills, Vanapalli Ramakrsihna, Narayana Murthy and Sathui Satyanarayana Reddy. Later on Section of law was altered from Sec. 174 Cr.P.C., to Sec. 302 IPC. On the basis of the statement of Attili Nageswara Rao, L.W.27, it came to light that alleged detenus murdered the deceased on the pretext that the deceased committed theft of neam wooden planks from their timber depot. Since the deceased happens to be a person belonging to Scheduled caste, Sec.3 (iv) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was also added in addition to the offence under Sec. 302 r/w 34 IPC and the Sub-Divisional Police Officer took up investigation. After completion of the investigation, a charge-sheet has been filed before the concerned Judicial Magistrate of First Class on 10-1-2008, where it was numbered as PRC No.3/2008. Since the alleged detenus were arrayed as accused and they were remanded to judicial custody, no adjudication is called for on the basis of the telegram sent by the petitioner. The writ petition is accordingly dismissed. _______________ A.GOPAL REDDY, J. _____________________________ NOOTY RAMAMOHANA RAO, J. Dt. 4-2-2008 kmr