IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.CHANDRA KUMAR WRIT PETITION NO : 3008 of 2009 Between: Anumala Chilukamma W/o. Thirupathi R/o. Muthunur V/o. Velgatur Mandal, Karimnagar District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary to the Home Department, Secretariat Buildings, Hyderabad. 2 The Director General of Police, Hyderabad. 3 The Superintendent of Police, Karimnagar District, Karimnagar. 4 The Station House Offaicer, Husnabad Police Station, Husnabad Village and Mandal, Karimnagar 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 or direction more particularly one in the nature of Writ of Habeas Corpus directing the respondents to produce the detenue Thirupathi S/o. Pochaiah, aged 35 years, Occ: Agriculture, R/o. Muthunur, V/o. Velgatur Mandal, Karimnagar District detenue before this Hon'ble Court upon such produce be pleased to set free and award compensation for illegal detention and to pass Counsel for the Petitioner:MR.K.VENUMADHAV Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE B.CHANDRA KUMAR W.P.NO.3008 OF 2009 JUDGMENT: (PER AGRJ) This writ petition has been filed by the petitioner by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking to issue an order or direction more particularly one in the nature of writ of habeas corpus directing the respondents to produce the alleged detenue by name Tirupathi before this Court and set him at liberty. It is alleged in the affidavit filed in support of the petition that her husband – Tirupathi has been illegally taken into custody on 10.02.2009 by the 4th respondent and till now he has not been produced before the concerned Magistrate having jurisdiction over the area. In response to the notice, 4th respondent – Station House Officer, Husnabad Police Station filed counter stating that Chowdri Kondaiah resident of Gandipalli, Husnabad Mandal, Karimnagar District lodged a complaint with the 3rd respondent on 30.01.2009 stating that the alleged detenue cheated the complainant – 3rd respondent by taking Rs.1,10,000/- with a promise that he will send the son-in-law of the complainant to Gulf countries and the same was endorsed by the 3rd respondent on 02.02.2009 and was sent to 4th respondent. On the basis of the complaint 4th respondent registered a case in Crime No.26 of 2009 for the offence punishable under Section 420 IPC on 06.02.2009. During the course of investigation, the alleged detenue was arrested on 17.02.2009 at 18.30 hours and produced before the Judicial Magistrate of First Class, Husnabad. On such production the learned Magistrate remanded him to judicial custody. Pursuant to the remand order, he is now lodged at Sub jail, Husnabad. Since a complaint for the offence punishable under Section 420 IPC in Crime No. 26 of 2009 has been registered against the alleged detenue and he was arrested and remanded to judicial custody by lawful orders, we do not find any merits in the allegations made by the petitioner. Accordingly, the writ petition is dismissed. No costs. ____________________ A.GOPAL REDDY,J Dated: 24.02.2009 _______________________ B.CHANDRA KUMAR,J kvrm HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE B.CHANDRA KUMAR W.P.NO.3008 OF 2009 DATED: 24.02.2009