IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 218 of 2009 Between: Vijayanagaram Prameela, W/o. Ramachandra, R/o. S.R.N. Colony, Mallur Post, Chinnamandem Mandal, Kadapa District. ..... PETITIONER AND 1 The Station House Officer, Rayachoty, Kadapa District. 2 The Superintendent of Police, Rayachoty, Kadapa District. .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that for the reasons stated in the "Fax Message" dated 05-1-2009 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 petitioner's husband namely V. Ramachandra, S/o. Nagasubbanna, aged about 35 years, before this Hon'ble Court, who was illegally detained by the Deputy Superintendent of Police of Pulivendula, viz., Venkatarami Reddy and Circle Inspector of Police Rayachoty (Urban) on 28-12-2008 at about 11.00 A.M., 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: FAX MESSAGE Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following : ORDER: (per Sri A. Gopal Reddy, J) Fax message dated 05-01-2009 sent by the petitioner alleging that her husband Sri V. Ramachandra was illegally detained by the Deputy Superintendent of Police, Pulivendula on 28-12-2008 at about 11 AM and she apprehends danger to his life has been taken up as a writ of habeas corpus. On issuing notice, the Superintendent of Police, Kadapa District has filed his affidavit along with the statement of the alleged detenue recorded by the Mandal Executive Magistrate, Chinnamandem Mandal, Kadapa District on 23-01-2009. It is stated in the affidavit that the alleged detenue was never detained by the police as alleged but he was called to Rayachoty (Urban) Police Station on 28-12-2008 for the purpose of enquiry in connection with Crime No. 139 of 2008 of Chinnamandem Police Station. After examining the alleged detenue by the Deputy Superintendent of Police, Pulivendula and the Inspector of Police, Rayachoty, he was let off on the same day but was never detained, as alleged. The statement made by the alleged detenue before the Mandal Executive Magistrate also confirms the said fact. Since the alleged detenue has not been illegally detained and is moving freely, no further cause survives for adjudication in the writ petition. It is accordingly dismissed. A.GOPAL REDDY, J R. KANTHA RAO, J 28-01-2009 ks