IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 5372 of 2008 Between: Sri. Nallapati Balaram, D.No. 4-6-9, Koritapadu, Guntur District. ..... PETITIONER AND 1 The Station House Officer, Guntur, Guntur District. 2 The Sub-Inspector of Police, Kothapet, Guntur District. 3 The Superintendent of Police, Guntur, Guntur District. .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that for the reasons stated in the "Telegram" dated 08-03-2008 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 brother of the Petitioner herein namely Sivaiah, S/o. Sambhaiah of D.No. 4-6-9, Koritapadu, Guntur District, before this Hon'ble Court, who is illegally detained since 03-03-2008 by the police, Guntur District, 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 at the stage of admission made the following : ORDER: (per Sri A. Gopal Reddy, J) Telegram dated 08-03-2008 sent by the petitioner to the Hon’ble the Chief Justice alleging that his brother viz., Sivaiah, son of Sambaiah of Koritapadu, Guntur District was illegally detained since 03-03-2008 by the police of Guntur and he apprehends danger to his life, has been taken up as a writ of habeas corpus. In response to the notice, Sub-Inspector of Police, Kothapet Police Station, Guntur, respondent No. 2 herein filed a counter affidavit stating that the alleged detenu is accused No. 1 in Crime No. 21 of 2008 registered on 03-03-2008 for the offences under Sections 147, 148, 307, 302 read with Section 149 IPC of Kothapet Law and Order Police Station, Guntur and since then he is absconding and the police are making all hectic and sincere efforts to apprehend him. It is also stated in the counter affidavit that a history sheet has been opened and maintained against the alleged detenu by Arundalpet Police since 01-01-1997 and he is a notorious criminal and involved in four murder cases including the one in Crime No. 21 of 2008. In view of the averments made in the counter affidavit, it is clear that there is no need for the police to illegally detain the alleged detenu when he is charged for the offence under Section 302 IPC. The above telegram appears to have been issued by the petitioner only to prevent the arrest of the alleged detenu. In view of the same, we do not see any substance in the allegations made by the petitioner to issue a writ of habeas corpus. The writ petition is accordingly dismissed. A.GOPAL REDDY, J B.SESHASAYANA REDDY, J 27-03-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Guntur, Guntur District. 2 The Sub-Inspector of Police, Kothapet, Guntur District. 3 The Superintendent of Police, Guntur, Guntur District. 4 2 CCs to the Advocate General, High Court of Andhra Pradesh, Hyderabad (OUT). 5 2 CD copies