IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.CHANDRA KUMAR WRIT PETITION NO : 2576 of 2007 Between: Smt.T.Durga, w/o T.Madhusudana Rao, R/o Door No.1206, New Raja Rajeswaripeta, Vijayawada. ..... PETITIONER AND 1. The Superintendent of POlice, Guntur Town, Guntur. 2. The Station House Officer, Mangalagiri Police Station, Mangalagiri, Guntur District. 3 Mr.Balaji, Mangalagiri Police Station, Mangalagiri, Guntur District. 4 Mr.Rubin, Mangalagiri Police Station, Mangalagiri, guntur District. 5 Mr.Ramesh, Mangalagiri Police Station, Mangalagiri, Guntur District. .....RESPONDENTS 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 of Habeas Corpus or any other proper writ directing the respondents to produce petitioners Husband T.madhusudana Rao, arrested and kept in illegal detention in violation of Article 14, 21 and 22 of the Constitution of India and set him at liberty and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.M.R.K.CHAKRAVARTHY Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following: IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.CHANDRA KUMAR WRIT PETITION NO : 3085 of 2007 Between: T. Durga W/o. Madhusudana Rao Vijayawada. ..... PETITIONER AND 1. The Station House Officer, Malkajgiri Town Police Station, Malkajgiri, Guntur District. 2. The Sub-Inspector of Police, Malkajgiri Town Police Station, Malkajgiri, Guntur District. 3. The Deputy Superintendent of Police, Guntur Town, Guntur. 4. The Superintendent of Police, Guntur District at Guntur. .....RESPONDENTS 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 husband of the Petitioner namely Madhusudana Rao, who was illegally taken into custody along with Petitioner by Mr. Balaji, Sub-Inspector Malkajgiri Town Police Station, accompanied by 4 to 5 constables and detained them in a boys hostel dormitory which is situated in Superintendent Bungalow Campus, Guntur abusing them with filthy language, using third degree methods in torturing them, outraging the modes try of the Petitioner and threatening to kill the father of the Petitioner and her two children and prays the Hon'ble Court to do justice 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: FAX MESSAGE Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE B.CHANDRA KUMAR W.P.NO.2576 OF 2007 AND W.P.NO.3085 OF 2007 COMMON ORDER: (PER AGRJ) Since a common issue is involved, these two writ petitions are heard together and are being disposed of by this common order. W.P.No.3085 of 2007 is taken up basing on the fax message dated 30.01.2007 and W.P.No.2576 of 2007 is filed by the petitioner, who sent the above fax message by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking to issue an order or direction more particularly one in the nature of a writ of Habeas Corpus directing the respondents to produce the husband of the petitioner viz. T.Madhusudhana Rao before this Court, who is alleged to be illegally taken into custody by Mr Balaji, the Sub-Inspector, Mangalagiri Town Police Station. It is stated in the W.P.No.2576 of 2007 that the husband of the petitioner by name T.Madhusudhana Rao was taken by 3rd respondent i.e. Mr Balaji, the S.I. of Police, Mangalagiri Town Police Station on 18.01.2007 and illegally confined him in Mangalagiri Rural Police Station. It is further stated in the affidavit that the 3rd respondent also took her to Mangalagiri Rural Police Station, where they detained her and her husband for three days along with one Mr Adapa Venkanna and the police also assaulted her and outraged her modesty. It is further stated that three days thereafter, i.e. on 21.01.2007 the 3rd respondent released her on the surety given by her neighbour S.K.Babu and another and that the police did not produce her before the concerned Magistrate, though she was detained for three days. It is further stated that the 3rd respondent continued the illegal detention of her husband and Mr Adapa Venkanna. Even after she was released stating that they were the accused in several crimes and assaulted them by using third degree methods. It is submitted that the 3rd respondent is not producing her husband before the concerned Magistrate and she apprehends danger to the life of her husband at the hands of the 3rd respondent and in the circumstances she filed the present writ petition seeking relief as sought above. This Court by order, dated 20.03.2007, directed the District Judge, Guntur to enquire into the allegations in the above writ petitions and submit a report. Pursuant to the direction of this Court, the learned District Judge after issuing notices to the parties and after collecting evidence in the form of affidavits submitted his report on 04.03.2009. The learned District Judge, Guntur in his report gave a finding that the alleged detenu is an accused in Crime No.435 of 2003, for the offences under Sections 457 and 380 of IPC of Governerpet Crime P.S., Crime No.1 of 2004 and Crime No.5 of 2004 for the offences under Sections 457 and 380 of IPC of Suryaraopet Crime P.S., and in Crime No.10 of 1994 for the offences under Sections 419, 420 of IPC of Vemuru P.S. and that a suspect sheet was also opened against the petitioner by Suryaraopet Police and it was transferred to Payakapuram Police Station on point of jurisdiction and number of other criminal cases are also pending against him. The above writ petitions appear to have been filed merely because that the husband of the petitioner was taken in to custody by the police Narsaraopet Town in a case of burglary that occurred in Chaitanya Godavari Grameena Bank. The alleged detenu was arrested on 19.05.2007 by Krishnalanka Police of Vijayawada City in connection with Crime No.196 of 2007 for the offences under Sections 457 and 380 of IPC and produced him before the learned II Additional Chief Metropolitan Magistrate, Vijayawada on 20.05.2007 and now he is lodged at Central Prison, Rajahmundry. It is now represented by the learned counsel for the petitioner that the alleged detenu expired recently. Since according to the report of the District Judge, Guntur the husband of the petitioner was an accused in number of criminal cases and he was arrested and produced before the concerned Magistrate and he was lodged in Central Prison, Rajahmundry by the orders of the concerned Magistrate, we find no merits in the writ petitions and they are accordingly dismissed. No order as to costs. ____________________ A.GOPAL REDDY,J Dated: 17.03.2009 _______________________ B.CHANDRA KUMAR,J kvrm HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE B.CHANDRA KUMAR W.P.NO.2576 OF 2007 AND W.P.NO.3085 OF 2007 DATED: 17.03.2009