IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER 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.18220 of 2008 Between: Mangala Ramalakshmi ..... PETITIONER AND 1 The Station House Officer, Gokavaram, East Godavari District. 2 The Commissioner of Police, Basheerbagh, Hyderabad. .....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 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 Son, namely, Mangala Rama Seshu and Daughter-in- law namely Rajeswari before this Hon'ble Court, who were illegally detained since 11.8.2008 at 4 P.M. by the S.I. of Police, Gokavaram Police Station, East Godavari, apprehending danger to their lives and set them at liberty forthwith and to pass such other or further orders. 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.18220 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) Heard the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is taken up at the instance of the petitioner’s telegram, dated 16-08-2008, wherein it is alleged that the petitioner’s son viz., Mangala Rama Seshu, and daughter-in-law viz., Smt. Rajeswari were illegally detained since 11-08-2008 by the S.I. of Police, Gokavaram Police Station, East Godavari District, that she is apprehending danger to their lives and set them at liberty, forthwith. 3. A counter aﬃdavit has been ﬁled by the Sub-Inspector of Police, Gokavaram Police Station, East Godavari District, representing the ﬁrst respondent herein, stating that the alleged detenu No.1 viz., Mangala Rama Seshu is Accused No.1 in Crime No.58 of 2008 for the oﬀence punishable under Sections 447, 427, 506 read with Section 34 of Indian Penal Code, of Gokavaram Police Station, which was registered on 13- 08-2008 basing on a complaint given by one Bodireddy Bhushanam of Thirumalayapalem village of Gokavaram Mandal. In connection with the above said crime, the alleged detenu No.1 was arrested on 14-08-2008 and produced before the V Additional Judicial First Class Magistrate, Rajahmundry, on the same day i.e., on 14-08-2008, who inturn remanded him to judicial custody. Pursuant to the said remand order, the alleged detenu No.1 was initially lodged at Central Prison, Rajahmundry, and subsequently enlarged on bail by the learned Magistrate on 19- 08-2008. 4. So far as the alleged detenu No.2 viz., Mrs. Rajeswari is concerned, it is stated that she was not arrested by the police and no case is registered or pending with the ﬁrst respondent police. It is also stated that the alleged detenu No.2 is not at all required in any other case. 5. In view of the categorical statement made by the ﬁrst respondent in the counter aﬃdavit, when it is not shown that both the alleged detenus were in illegal custody, the question of issuing Habeas Corpus does not arise. 6. For the foregoing, we see no grounds in the writ petition and the same is liable to be dismissed. 7. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 04-09-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Gokavaram, East Godavari District. 2 The Commissioner of Police, Basheerbagh, Hyderabad. 3. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 4. 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.18220 of 2008 04-09-2008 (Msr)