IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST 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.15476 of 2008 Between: Gummadi Sathish, S/o. Venkateswara Rao, 58-25-13/1, Sanjevayya Nagar, Rajahmundry, East Godavari District. ..... PETITIONER AND 1 The Station House Officer, III Town Police Station, Rajahmundry, East Godavari District. 2 The Superintendent of Police, East Godavari at Kakinada. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 15-07-2008 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 Petitioner's father namely Gummadi Venkatewara Rao and his friends namely Ganala Hemanth Kumar and Muchakara Srinu, before this Hon'ble Court, who are illegally detained since 13/07/2008 by the Rajahmundry III Town Crime Police, 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.15476 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is taken up basing on a telegram, dated 15-07-2008, sent by one Sri Gummadi Sathish to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, seeking production of his father viz., Gummadi Venkateswara Rao and his friends viz., Ganala Hemanth Kumar and Muchakara Srinu, before this Court, who were illegally detained by Rajahmundry III Town Crime Police, since 13-07- 2008, and that he is apprehending danger to their lives. 3. A counter aﬃdavit has been ﬁled by the Sub-Inspector of Police, III Town Police Station (Crimes), Rajahmundry, East Godavari District, representing the ﬁrst respondent herein, stating inter alia that he caused enquiries with regard to the truth or otherwise of the telegram, dated 15-07-2008, issued by the petitioner and the enquiries revealed that at no point of time, the alleged detenus were illegally detained by the ﬁrst respondent police and as on today they have been moving freely by attending to their day-to-day works. However, the alleged detenus appear to have examined on 13-07-2008 in connection with Crime No.205 of 2008 at Hotel Surya, wherein they have been working, as the complainant in the above said crime had some suspicion over them in committing the theft of cash and gold worth Rs.44,000/- from his bag. On the strength of the said complaint, the police visited the said Hotel, examined the alleged detenus and after examining them, the police returned back. Except that examination upon the complaint made by the proprietor of Hotel Surya, nothing else had happened. In other words, the said examination of the alleged detenus was just a part of investigation. Since it was categorically denied by the alleged detenus about the alleged theft, further investigation is under progress. But, the fact remains is that the alleged detenus were moving freely. It is also stated that in order to demonstrate the free movements of the alleged detenus, the statements of the alleged detenus were recorded by the Mandal Executive Magistrate, Rajahmundry Urban, on 28-07- 2008, which are made part of the record. 4. In view of the above material placed before this Court and the information furnished, we are of the opinion that the present telegram had been issued with mere apprehension, which resulted in wasteful exercise of the duties of the police and also the valuable time of the Court. Therefore, we are of the view that this Court has been converted into a forum to agitate every trivial grievance. This kind of reaction from the citizens is not acceptable to the Court. 5. Having regard to the facts stated in the counter aﬃdavit and the material placed before this Court, the question of illegal detention does not arise. There are no merits in the writ petition and the same is liable to be dismissed. 6. Accordingly, the writ petition is dismissed, at the stage of admission, however, with costs of Rs.100/-. 7. Registry is directed to mark a copy of this order to the petitioner. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 01-08-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, III Town Police Station, Rajahmundry, East Godavari District. 2 The Superintendent of Police, East Godavari at Kakinada. 3. Sri Gummadi Sathish, S/o. Venkateswara Rao, 58-25-13/1, Sanjevayya Nagar, Rajahmundry, East Godavari District. 4. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 5. 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.15476 of 2008 01-08-2008 (Msr)