IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION No.23506 of 2008 Between: K. Madhava Gupta ..... PETITIONER AND 1 The Station House Officer, Crime Police Station, Vijayawada District. 2 The Commissioner of Police, Vijayawada. 3 The Station House Officer, I Town Police Station, (Law & Order), Eluru, West Godavari District. 4 The Superintendent of Police, Eluru, West Godavari District. .....RESPONDENT(S) For the reasons stated in the "E-Mail" dated 23-10-2008 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 Petitioner's father and younger brother viz., Kandula Venkata Subba Rama Sastrulu and Vijay Kumar, before this Hon'ble Court, who were illegally detained by the Crime Police Vijayawada, apprehending danger to their lives and set them 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 : 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 G.CHANDRAIAH TAKEN UP WRIT PETITION No.23506 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is initiated at the instance of the e-mail, dated 23-10-2008, sent by the petitioner wherein it is alleged that the petitioner’s father and younger brother viz., Kandula Venkata Subba Rama Sastrulu and Vijay Kumar, respectively, were illegally detained by the Crime Police, Vijayawada, that he is apprehending danger to their lives and set them at liberty. 3. A counter aﬃdavit has been ﬁled by the Sub-Inspector of Police, I Town (L&O) Police Station, Eluru, West Godavari District, representing the third respondent herein, stating that his enquires revealed that the ﬁrst respondent went to the shop of the alleged detenus on 23-10-2008 and asked them to come over to the third respondent Police Station, where the ﬁrst respondent police examined the alleged detenus for a while. Later, the alleged detenus were asked by the ﬁrst respondent police to come over to Vijayawada for further examination in connection with Crime No.223 of 2008 of Machavaram Police Station, suspecting their involvement in the said crime. After examining the alleged detenus, having found no incriminating evidence against the alleged detenus, the ﬁrst respondent police let them oﬀ on the same day i.e., on 23-10-2008. It is also stated that the alleged detenus are now moving freely by attending to their day-to-day business. In order to demonstrate the free movement of the alleged detenus, the third respondent police requested the Tahsildar, Eluru Mandal, to record the statements of the alleged detenus, who inturn, after conducting thorough enquiry, recorded their statements on 05-11-2008. The statements of the alleged detenus, which are made part of the record, would go to show that the alleged detenus were not illegally detained either by the ﬁrst respondent police or by the third respondent police and they are now moving freely. 4. In view of the facts stated in the counter aﬃdavit, the question of illegal detention does not arise. 5. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed. 6. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA __________________________ JUSTICE G.CHANDRAIAH 13-11-2008 Msr. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE G.CHANDRAIAH TAKEN UP WRIT PETITION No.23506 of 2008 13-11-2008 (Msr)