IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF NOVEMBER 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.22476 of 2008 Between: Smt. Sunkarinagavva, W/o. Nagesh, Kurnool District. ..... PETITIONER AND 1 The Station House Officer, Dichpally, Nizamabad District. 2 The Superintendent of Police, Nizamabad District. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 13-10-2008 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 brother of the Petitioner i.e., Bandari Venkatesh and her son Sunkari Durgaiah, before this Hon'ble Court, who were illegally custody of Dichpally Police Station, and apprehending danger to their lives and set them at liberty forthwith 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.22476 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 13-10-2008, wherein it is alleged that the petitioner’s brother viz., Bandari Venkatesh and son viz., Sunkari Durgaiah were illegally detained by the police of Dichpally Police Station, Nizamabad District, that she is apprehending danger to their lives and set them at liberty. 3. A counter aﬃdavit has been ﬁled by the Sub-Inspector of Police, Dichpally Police Station, Nizamabad District, representing the ﬁrst respondent herein, stating that the alleged detenus are arrayed as Accused No.1 and Juvenile in Crime No.215 of 2008 for the oﬀence punishable under Sections 420, 379 I.P.C., of Dichpally Police Station, which was registered on 08-10-2008 basing on a complaint given by one Smt. Devukari Rukavva, resident of Suddapally village, Dichpally Mandal. In connection with the above said crime, the alleged detenus were arrested on 08-10-2008 and the factum of arrest was duly intimated to the brother-in-law of the alleged detenu No.1 through phone on 09-10-2008. Subsequently, the alleged detenus were produced before the Additional Judicial First Class Magistrate, Nizamabad, who inturn, remanded them to judicial custody. Pursuant to the remand order, dated 09-10-2008, of the learned Magistrate, the alleged detenus were initially lodged at District Jail, Nizamabad and Observation Home, Nizamabad. However, it appears that the alleged detenu No.2 was enlarged on bail on 16-10-2008. 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 07-11-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Dichpally, Nizamabad District. 2 The Superintendent of Police, Nizamabad 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.22476 of 2008 07-11-2008 (Msr)