IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELVETH 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.16297 of 2008 Between: Midiam Mutthamma, W/o. Poddaiah, Gopalapuram Village, Chintoor Mandal, Khammam District. ..... PETITIONER AND 1 The Grayhands Police Officer, Gopalapuram, Chintoor Mandal, Khammam District. 2 The Superintendent of Police, Khammam. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 23-07-2008 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 husband of the Petitioner viz., Midiam Poddaiah, S/o. Ramisetti, before this Hon'ble Court, who was illegally detained by the Grayhands Police on 30-06-2008 at 10.00 P.M. from Gopalapuram, Chintoor Mandal, Khammam 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 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.16297 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard 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 23-07- 2008, sent by the petitioner to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, seeking a direction to the respondents to produce her husband viz., Midiam Poddaiah, s/o. Ramisetti, before this Court, who was illegally detained by the Grayhounds Police on 30-06-2008 from Gopalapuram, Chintoor Mandal, Khammam District, and that she is apprehending danger to his life. 3. A counter affidavit has been filed by the Sub-Inspector of Police, Mothugudem Police Station, Khammam District, stating inter alia that there was no occasion or necessity for the police to illegally detain the alleged detenu either on 30-06-2008 or on any other subsequent date. It is further stated that, in fact, there was no police officer in the name of Grayhounds Police Officer, in Gopalapuram, Chintoor Mandal, Khammam District, under the control of the second respondent. However, there is an independent agency and that the further enquiries with reference to the contents of the telegram, dated 23-07-2008, reveal that the alleged detenu was brutally killed by his own villagers on 30-06-2008 in the forest and thrown the dead body into the valley. The said fact came to light only on 07-08-2008 when one person, by name Kattam Gangaiah approached the Station House Officer, Mothugudem Police Station and revealed the persons, by name Sode Gangaiah, Kalumula Gangaiah, Sode Desaiah, Irkam Jogaiah, Midium Raju and Midium Gangaiah approached him on 07-08-2008 and confessed that they along with three others, namely Midium Laxmaiah, Midium Mangaiah and Midium Chandraiah brutally killed one person by name Midium Poddaiah, who is the alleged detenu, on 30-06-2008. 4. It is further stated that on 28-07-2008 the petitioner approached the Mothugudem Police and lodged a complaint scribed by the Village Secretary of Goodoor stating that on 30-06-2008 at about 23-00 hours while they were sleeping in front of their house, her villagers Sode Gangaiah, Midium Laxmaiah, Kalumula Gangaiah, Midium Mangaiah and Dabbagudem villagers, Midium Chandraiah, Sode Dhoolaiah, Irkam Jogaiah and other villagers came to her house, woke up her husband and asked him to come out to have a word. When the alleged detenu refused to do so, he was forcibly taken away by the above persons from her house and thereafter the alleged detenu did not return home. Basing on the said complaint, dated 28-07-2008, a case in Crime No.16 of 2008 for the offence punishable under Section 364 read with Section 34 I.P.C., was registered and investigation was taken up. 5. It is further pointed out by the deponent in the counter affidavit that if the telegram, dated 23-07-2008, and the complaint in the F.I.R., dated 28-07-2008, read together, it clearly shows that the said telegram is a fictitious telegram for the reason that in her complaint made before the police, she suspected some of the villagers in kidnapping her husband. But, in the telegram, the complaint was to the effect that Grayhounds Police have illegally detained her husband from 30-06-2008. Therefore, in view of the serious variations in the telegram and the complaint on two different dates, the telegram dated 23-07-2008 appears to be a misconceived one. 6. In order to prove that the police were being misled by the villagers, some material is pressed into service. But, we are not prepared to look into those material, inasmuch as, the alleged detenu was admittedly killed on 30-06-2008 by some of the villagers against whom criminal actions have been initiated. 7. In view of the facts stated in the counter affidavit, we do not find any reason to interfere with the writ petition and the same is liable to be closed. 8. In the result, the writ petition is closed, at the stage of admission. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 12-08-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Grayhands Police Officer, Gopalapuram, Chintoor Mandal, Khammam District. 2 The Superintendent of Police, Khammam. 3. Two CCs to the Advocate General, Government of A.P., High Court Buildings, Hyderabad. (OUT). 4. Two C.D. copies. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.16297 of 2008 12-08-2008 (Msr)