IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH 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 : 5000 of 2008 Between: Pilla Devudamma, W/o. Bulli Malaiah, Sankhavaram, East Godavari District. ..... PETITIONER AND 1 The Station House Officer, Indrapalem, East Godavari District. 2 The Superintendent of Police, East Godavari District. 3 The Director General of Police, Hyderabad. .....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 to issue an Order, direction, or a Writ more particularly one in the nature of Writ of Habeas Corpus directing the respondents herein to prodce the brother of the Petitioner Viz., Ambati Abbayi, S/o.Nukaraju, R/o. Sankahavaram, East Godavari District, before this Hon'ble Court, who was illegally detained by Indrapalem, Station House Officer on 25/2/2008 at about 03.00 A.M.., apprehending danger to his life and set him at liberty forthwith. Counsel for the Petitioner:TELEGRAM Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : ORDER: (Per Hon’ble Sri Justice B. Seshasayana Reddy) The telegram dated 29.2.2008 sent by Pilla Devudamma alleging that her brother Ambati Abbayi, S/o.Nukaraji has been illegally detained by Indrapalem Station House Officer, is taken up as a writ petition. In response to the notice issued, a counter affidavit has been filed on behalf of the Station House Officer, Indrapalem Police Station, the first respondent herein. One Y.B. Rajaji, Sub-Inspector of Police, Indrapalem Police Station has sworn to the affidavit. It is averred in the affidavit that the alleged detenu has taken an amount of Rs.1,38,000/- from one N. Mruthyunjayudu, a farmer, to provide labour to harvest sugarcane crop. In that connection, there were disputes between said Mruthyunjayudu and the alleged detenu. Having noticed the quarrel between them in the public place, the first respondent brought them to the police station and on their assurance that they would settle the disputes amicably, they were set at liberty. It is, however, further averred in the affidavit that the alleged detenu is moving freely by attending his day-to-day work. Statement of the alleged detenu recorded by Mandal Revenue Inspector has been placed on record. It is further averred in the affidavit that a similar telegram has been sent to State Human Rights Commission and thereupon, the Inspector of Police, Kakinada Rural Circle, conducted enquiry and submitted his report to the State Human Rights Commission through proper channel i.e. through the Superintendent of Police, East Godavari District. The report submitted by the Circle Inspector of Police has been placed on record. The material brought on record clearly establishes that the telegram came to be emanated from the sister of the alleged detenu apprehending initiation of action by Mruthyunjayudu for recovery of Rs.1,38,000/-. Therefore, the allegation made in the telegram that the brother of the petitioner has been illegally detained by the police of Indrapalem Police Station has no merit. The writ petition is accordingly dismissed. No costs. ________________ A. GOPAL REDDY, J. _______________________ B.SESHASAYANA REDDY, J. 25.03.2008 Tsr. To 1 The Station House Officer, Indrapalem, East Godavari District. 2 The Superintendent of Police, East Godavari District. 3 The Director General of Police, Hyderabad. 4 Two C.Cs. to G.P. for Home, High Court Buildings, (OUT) 5. Two C.D. copies.