IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.CHANDRA KUMAR WRIT PETITION NO : 4193 of 2009 Between: G. Rajamma, W/o. G. Venkataratnam, Tenali. ..... PETITIONER AND 1 The Station House Officer, Kollipara Police Station, Guntur District. 2 The Superintendent of Police, Guntur 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 For the reasons stated in the "Telegram" dated 26-02- 2009 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 Gummadi Venkataratnam, R/o. Tenali, before this Hon'ble Court, who was illegally detained by the police of Kollipara, Guntur District since 19th February 2009, apprehending danger to his life and set him 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: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE B.CHANDRA KUMAR W.P.NO.4193 OF 2009 ORDER: (PER AGRJ) This is a taken up writ petition basing on the telegram dated 26.2.2009 sent by the petitioner by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking to issue an order or direction, more particularly one in the nature of writ of Habeas Corpus directing the respondents to produce the husband of the petitioner viz. Gummadi Venkataratnam, R/o Tenali, before this Court, who was illegally detained by the police Kollipara, Guntur District since 19th February, 2009 and apprehending danger to his life and set him at liberty forthwith. In response to the notice, the 1st respondent – Station House Officer, Kollipara Police Station, Guntur District, filed counter-affidavit denying the illegal detention of the detenu. It is stated in the affidavit that the alleged detenu is accused in Crime No.35 of 2009 registered for the offences punishable under Sections 454, and 380 of IPC of Tenali Taluk Police Station and that the said crime was registered on 25.02.2009 on the complaint given by one Kondaveeti Sivaprasad, R/o Kativaram Village of Tenali Mandal and that he was arrested on 07.03.2009 at 01.30 PM near Market Centre, Tenali. Immediately, on the same day, the detenu was produced before the II Additional Judicial First Class Magistrate, Tenali. On such production, the learned Magistrate remanded the accused to judicial custody and that the alleged detenu is now lodged in Sub-jail, Tenali. Though the crime was registered by the Tenali Taluk Police, the petitioner intentionally and with a view to draw adverse inference against the1st respondent – police, sent the present Telegram to the Court. Having regard to the facts and circumstances of the case, no cause survives in this writ petition. Therefore, the writ petition is dismissed. No costs. ____________________ A.GOPAL REDDY,J Dated: 17.03.2009 _______________________ B.CHANDRA KUMAR,J kvrm HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE B.CHANDRA KUMAR W.P.NO.4193 OF 2009 DATED: 17.03.2009