IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF OCTOBER 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.22684 of 2008 Between: Ch. Yaminidevi, R/o. Kovvuru, West Godavari District. ..... PETITIONER AND 1 The Station House Officer, Gudivada Police Station, Krishna District 2 The Commissioner of Police, Krishna District .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 14-10-2008 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 husband of the Petitioner namely Chilamkurthi Udaya Bhaskara, Business man, R/o. Kovvur, West Godavari District, before this Hon'ble Court, who was illegally detained by the police of Gudivada, Krishna District on 10-10-2008 at about 11 A.M., 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 : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.22684 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is initiated at the instance of the petitioner’s telegram, dated 14-10-2008, wherein it is alleged that her husband viz., Chilamkurthi Udaya Bhaskara, Businessman, resident of Kovvur, West Godavari District, was illegally detained on 10-10-2008 by the Police of Gudivada Police Station, Krishna District, that she is apprehending danger to his life and set him at liberty. 3. A counter aﬃdavit has been ﬁled by the Sub-Inspector of Police, Gudivada Taluq Police Station, Krishna District, representing the ﬁrst respondent herein, stating that the alleged detenu is Accused No.23 in Crime No.61 of 2008 for the oﬀence punishable under Sections 302, 324 read with Sections 34 and 120 (B), 109, 212, 201 I.P.C., of Gudivada Taluq Police Station, Krishna District, which was registered on 23-07-2008 basing on a complaint given by one Immadi Vijaya Lakshmi, resident of Moturu village of Gudivada Rural Mandal. In connection with the above said crime, the alleged detenu was arrested on 13-10-2008 and produced before the Additional Judicial First Class Magistrate, Gudivada on 14-10-2008, who inturn, remanded him to judicial custody. Pursuant to the remand order, dated 14-10-2008, of the learned Magistrate, the alleged detenu is now lodged at Central Prison, Rajahmundry. 4. In view of the facts stated in the counter aﬃdavit, the question of illegal detention does not arise. 5. For the foregoing, 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, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 31-10-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Gudivada Police Station, Krishna District 2 The Commissioner of Police, Krishna District 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.22684 of 2008 31-10-2008 (Msr)