IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF APRIL 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 : 26925 of 2007 Between: Smt.Chinthala Rama Laxmamma W/o.Seetharamaiah R/o. Adusuvaripalli, Gopavaram Mandal, Kadapa District. ..... PETITIONER AND 1 The State of A.P. Rep. by its Principal Secretary to Home Department, Secretariat, Hyderabad. 2 The Superintendent of Police, Kadapa, Kadapa District. 3 The Circle Inspector of Police, Badvel, Kadapa District. 4 The Station House Officer, Badvel Rural, Badvel Town, Kadapa District. 5 Sri Pinnam Konda Reddy S/o.Venkata Reddy R/o. Adusuvaripally village, Gopavaram Mandal, Kadapa District. .....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 writ, order or direction more particularly one in the nature of Writ of Habeas Corpus directing the Respondents to produce the person of my husband Sri Chinthala Seetha Ramaiah before this Hon'ble Court and set him be free or alternatively direct the respondents to investigate further in to the matter on my report and charge sheet the culprit on this aspect in accordance of law and in the interest of justice, and pass such other order or orders. Counsel for the Petitioner: MR.G.V.RAGHAVA REDDY Counsel for Respondent Nos.1 to 4: THE ADVOCATE GENERAL The Court at the stage of admission made the following : ORDER: (per Sri A. Gopal Reddy, J) The petitioner, wife of one Chinthala Seetha Ramaiah, the alleged detenu filed this writ for issuance of a writ of habeas corpus directing the respondents to produce her husband before this Court or in the alternative direct the respondents to investigate further into the matter on the report lodged by her and charge sheet the culprits, in accordance with law. On the complaint lodged by the petitioner, a case in Crime No. 85 of 2006 was registered against the 5th respondent for the offence under Section 354 IPC on 12-10-2006 and the case was taken up for investigation. The police also filed charge sheet and the same is pending trial in S.C No.230 of 2007 on the file of the learned Additional Sessions Judge (FTC), Badvel, which is adjourned to 07-01-2008 for examination of the accused. The charge sheet filed in the above case discloses that the alleged detenu borrowed a sum of Rs.70,000/- from the 5th respondent who is the accused in S.C No. 230 of 2007 by executing a promissory note in 2007 and since then, he avoided to repay the same. The further allegations in the charge sheet are that the alleged detenu borrowed Rs.50,000/- from LW 7 Pokala Pol Reddy, Rs.6,000/- from LW 8 Kada Subba Reddy and Rs.40,000 from the 5th respondent on 14-07-2004 and further amount of Rs.30,000/- and Rs.70,000/- on 06-09-2004 to meet his needs. It is stated in the counter affidavit that since then, the alleged detenu has disappeared and his whereabouts are not known and restless efforts are being made to trace out him and meanwhile, on the complaint made by the petitioner, charge sheet is filed. In view of the averments made in the counter, in is clear that the alternative prayer for completion of investigation on the complaint made by the petitioner has already been complied with. Since the alleged detenu himself is mis-screening from the view of the creditors and he is not illegally detained by the 5th respondent – accused, issuance of writ of habeas corpus as prayed for by the petitioner does not arise. The writ petition is accordingly dismissed. A.GOPAL REDDY, J B.SESHASAYANA REDDY, J 08-04-2008 ks ………... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State of A.P. Rep. by its Principal Secretary to Home Department, Secretariat, Hyderabad. 2 The Superintendent of Police, Kadapa, Kadapa District. 3 The Circle Inspector of Police, Badvel, Kadapa District. 4 The Station House Officer, Badvel Rural, Badvel Town, Kadapa District. 5 2 CCs to the Advocate General, High Court of Andhra Pradesh, Hyderabad (OUT). 6 2 CD copies.