IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 7418 of 2009 Between: Saniboyina Suseelamma, Nellore District. ..... PETITIONER AND 1 The Station House Officer, AS Peta Police Station, Nellore District. 2 The Superintendent of Police, Nellore 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 for the reasons stated in the "Telegram" dated 04-04- 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 son of the Petitioner namely Saniboyina Nageshwara Rao, before this Hon'ble Court, who was illegally detained by the police of AS Peta, Nellore on 29-03-2009 at 01.00 A.M. and 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: TELEGRAM Counsel for Respondents: THE ADVOCATE GENERAL The Court made the following : ORDER: (per Hon’ble Sri Justice A. Gopal Reddy) The petitioner sent a telegram, dated 4.04.2009 to the Hon’ble the Chief Justice alleging that her son, namely, Saaniboyina Nageshwara Rao, was illegally detained by the police of A.S. Peta, Nellore since 29.03.2009, and apprehending danger to his life, has been taken up as Writ of Habeas Corpus. In response to the notice, the Sub-Inspector of Police, A.S. Peta Police Station, Nellore District, the first respondent herein, filed counter affidavit stating that one V. Madhavaiah, resident of Sri Kolanu Village, A.S. Peta Mandal, gave oral complaint stating that his daughter, namely, Mounica, was missing from his residence since 26.03.2009 and he is suspecting involvement of the alleged detenu for missing of his daughter. Basing on the same, the Police A.S. Peta, made a G.D. entry and had taken steps to enquire into the matter. During the course of investigation, the police summoned the alleged detenu to the Police Station for causing enquiry with regard to the missing girl. Accordingly, the alleged detenu attended the Police Station at 3 p.m. on 30.03.2009 and pleaded ignorance in missing of Mounica. The statement of the alleged detenu recorded by the Tahsildar– cum-Mandal Executive Magistrate, A.S. Peta, dated 27.04.2009 discloses that the alleged detenu has not been illegally detained and he is freely moving in the village, and his mother sent the telegram apprehending that the alleged detenu has been illegally detained by the police. Since the statement of the alleged detenu discloses that he has not been illegally detained by the police, and he is freely moving in the village, no cause survives in the writ petition. Accordingly, the Writ Petition is dismissed. ___________________ (A.GOPAL REDDY, J.) _____________ (K.C. BHANU, J.) 30th April, 2009 Js.