IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER 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. 18217 of 2008 Between: J. Indira Veni H.No. 11-3-1008, Gokul Nagar, Mallepally, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Dichipally, Nizamabad District. 2 The Superintendent of Police Nizamabad District. .....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 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 brothers of the petitioner Viz., 1) Chandra Shekar S/o. Ramalu (Late) (2) Bhanu Chandar @ Raja Sekhar S/o. Ramulu (Late) before this Hon'ble Court who are illegally detained since 14-8-2008 about 6- 30 A.M. by the Police, Dichipally, Nizamabad District apprehending danger to their lives and set them at liberty forthwith and to pass such other or further orders. Counsel for the Petitioner : LETTER 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.18217 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is taken up at the instance of the petitioner’s letter, dated 14-08-2008, wherein it is alleged that the brothers of the petitioner viz., (1) Chandra Shekar, s/o. late Ramulu, and (2) Bhanu Chandar @ Raja Sekhar, s/o. late Ramulu, were illegally detained since 14-08- 2008 by the police of Dichpally Police Station, Nizamabad District, that she is apprehending danger to their lives and set them at liberty, forthwith. 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 were Accused Nos.2 and 3 in Crime No.152 of 2008 for the oﬀence punishable under Sections 498-A, 506 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act of Dichpally Police Station, which was registered on 05-07- 2008 basing on a Court reference made by the Additional Judicial First Class Magistrate, Nizamabad, in Crl.M.P.No.1485 of 2008. In connection with the above said crime, the alleged detenus were arrested on 14-08-2008 and produced before the Additional Judicial First Class Magistrate, Nizamabad, on 15- 08-2008, who inturn remanded them to judicial custody. Pursuant to the said remand order, the alleged detenus were lodged at District Jail, Nizamabad. It is further stated that the petitioner also was arrayed as Accused No.4 in the above referred crime and she has been absconding. 4. From the above said facts, it is obvious that the petitioner had full knowledge about their involvement in the above referred crime i.e., Crime No.152 of 2008 and having knowledge of the same, she resorted to address the present petition to this Court. This conduct on the part of the petitioner is totally mischievous and not only wasting the valuable time of the Court, but also the time of the investigating agency. This Court cannot be made a platform for these kind of fallacious complaints. 5. In view of the categorical statement made by the ﬁrst respondent in the counter aﬃdavit, the question of illegal detention does not arise. 6. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed. 7. Accordingly, the writ petition is dismissed, at the stage of admission, however, with exemplary costs of Rs.2,000/- (Rupees two thousand only). 8. Registry is directed to mark a copy of this order to the petitioner as well as the Police Station concerned. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 04-09-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Dichpally, Nizamabad District. 2 The Superintendent of Police Nizamabad District. 3 Ms. J. Indira Veni, H.No.11-3-1008, Gokul Nagar, Mallepally, Hyderabad. 4. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 5. 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.18217 of 2008 04-09-2008 (Msr)