IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD Taken up WRIT PETITION No : 21176 of 2008 and W.P.No.21631 of 2008 Taken up W.P.No.21176 of 2008 Between: Kavati Vasanthamma, Chinabethapudi, Bapatla, Guntur District. ..... PETITIONER AND 1 The Station House Officer, Bapatla, Guntur District. 2 The Superintendent of Police, Guntur District. .....RESPONDENTS For the reasons stated in the "Telegram" dated 23-09-2008 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-in-law of the Petitioner, namely Polisetty Srinu, before this Hon'ble Court, who was illegally detained by the police of Bapatla since 22- 09-2008 apprehending danger to his life and set him at liberty forthwith. Counsel for the Petitioner:TELEGRAM Counsel for the Respondents : THE ADVOCATE GENERAL WRIT PETITION NO : 21631 of 2008 Between: Kavati Vasanthamma W/o. Chitty Muthyalu, Hindu, R/o. Chinnabethapudi Village, Bapatla Mandal, Guntur District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Secretary, Home Department, Secretariat, Hyderabad. 2 The Superintendent of Police, Guntur , Guntur District. 3 Inspector of Police, Old Guntur, Old Guntur P.S., Guntur, Guntur District. 4 The Dy. Superintendent of Police, Bapatla, Guntur District. 5 The Inspector of Police, Bapatla, Guntur District. 6 The Sub- Inspector of Police, Taluk Police Station, Bapatla, Guntur District. 7 Ramaraju, I.D. Party Constable, Bapatla Taluk Police Station, Bapatla, Guntur 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 issue an order or direction more particularly one in the nature of writ of Habeas Corpus Directing the respondents herein to produce the detenue by name Polisetty Sreenu @ Gotala Sreenu S/o. Mastan aged 35 years R/ao. Chinna Bethapudi Village , Bapatla Mandal, Guntur District, and be released from custody. Counsel for the Petitioner:MR.GANDURI NAGESWARA RAO Counsel for Respondent Nos.1 to 6: THE ADVOCATE GENERAL The Court made the following : COMMON ORDER: (Per GM, J) This is a taken up writ petition being W.P.No.21176 of 2008 on the basis of a Telegram, dated 23.09.2008, sent by the petitioner-Kavati Vasanthamma to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, seeking a direction to the respondents to produce her son-in- law, by name Polisetty Sreenu @ Gotala Sreenu, S/o. Mastan, aged 35 years, R/o. Chinna Bethapudi Village, Bapatla Mandal, Guntur District, and to set him at liberty forthwith. Thereafter, W.P.No.21631 of 2008 is ﬁled by the same petitioner with similar relief as prayed in the taken up writ petition. Since the relief sought in both the writ petitions is same, they are heard together and being disposed of by this common order. The petitioner states that on 22.09.2008, at about 5.00 PM, respondents 5 to 7 along with some other constables have forcibly taken away her son-in- law, the alleged detenu from his house and conﬁned him in 6th respondent’s police station without assigning any reasons and threatened her with dire consequences, particularly, 7th respondent abused her in ﬁlthy language and applied third degree methods on the alleged detenu. Therefore, she got issued telegrams to this Court and to some other oﬃcials for release of the alleged detenue, but he has not been released. As the petitioner is apprehending danger to the life of the alleged detenu in the hands of the respondents, she ﬁled W.P.No.21631 of 2008. The ﬁrst respondent-Station House Oﬃcer, Bapatla Taluk Police Station, Guntur District, ﬁled counter-aﬃdavit in both the writ petitions stating that the alleged detenu is arrayed as A1 in Crime No.467 of 2007 of Arundelpet Crime Police Station for the oﬀences under Section 457 and 380 IPC and in that connection, he was arrested by the Aryundelpet Police on 01.10.2008 and was produced before the V Additional Judicial First Class Magistrate, Guntur, who remanded him to judicial custody and pursuant thereto, now he is lodged at District Jail, Guntur. A copy of the FIR and the remand report in Crime No.467 of 2007 of Arundelpet Crime Police Station is produced before this Court. A perusal of the FIR and the remand report would show that the alleged detenue is arrayed as A1 in Crime No.467 of 2007 of Arundelpet Crime Police Station and in pursuance of the remand order passed by the V Additional Judicial First Class Magistrate, Guntur, he is now lodged at District Jail, Guntur. When the alleged detenu is in judicial custody, question of issuing a writ of habeas corpus does not arise. Accordingly, both the Writ Petitions are closed. No costs. _____________________ GHULAM MOHAMMED, J ____________________ G.BHAVANI PRASAD, J Date:14.10.2008 sj ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Bapatla, Guntur District. 2 The Superintendent of Police, Guntur District. 3. The Secretary, Government of Andhra Pradesh, Home Department, Secretariat, Hyderabad. 4 Inspector of Police, Old Guntur, Old Guntur P.S., Guntur, Guntur District. 5 The Dy. Superintendent of Police, Bapatla, Guntur District. 6 The Inspector of Police, Bapatla, Guntur District. 7 The Sub- Inspector of Police, Taluk Police Station, Bapatla, Guntur District. 8. 2CCs to the Advocate General, High Court Building, Hyderabad. (OUT) 9. 2CD copies