IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF NOVEMBER 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.23046 of 2008 Between: S. Lakshmi, W/o. Subba Rao, Near Panakala Swamy Temple, Mangalagiri, Guntur District. ..... PETITIONER AND 1 The Station House Officer, Mangalagiri, District Guntur. 2 The Superintendent of Police, Guntur District at Guntur. .....RESPONDENT(S) For the reasons stated in the "Telegram" dated 18-10-2008 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 relative of Petitioner, herein, namely Adapa Venkanna S/o. Annavaram, R/o. Mangalagiri, who was taken away by the Circle Inspector of Police Mangalariri Police Station, on 13/10/2008 about 11 P.M. from his house 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 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.23046 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice K.C.Bhanu) 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 petitioner’s telegram, dated 18-10-2008, wherein it is alleged that the petitioner’s relative viz., Adapa Venkanna, s/o. Annavaram, resident of Mangalagiri, was illegally detained on 13-10-2008 by the Police of Mangalagiri Police Station, Guntur District, that she is apprehending danger to his life and set him at liberty, forthwith. 3. A counter aﬃdavit has been ﬁled by the Sub-Inspector of Police, Town Police Station, Mangalagiri, Guntur District, representing the ﬁrst respondent herein, stating that the alleged detenu is not related to the petitioner and that the alleged detenu is a notorious property oﬀender and as many as 70 cases are pending against the alleged detenu. It is stated that several crime sheets were opened and are being maintained against the alleged detenu in the ﬁrst respondent Police Station. It is speciﬁcally stated that the alleged detenu was not arrested by the ﬁrst respondent police. However, it is stated that earlier the alleged detenu was arrested on 20-04- 2007 and subsequently released on bail on 26-03-2008. Since then, it seems that the alleged detenu was absconding. 4. In the counter aﬃdavit, it is also stated that there is no person available in the name of the petitioner in the vicinity of Panakala Swamy Temple, Mangalagiri, Guntur District. However, the wife of the alleged detenu has been residing in Door No.3-45, Panakala Swamy Ghat Road, Gandlaiahpet, Mangalagiri, and she denied the relationship of the petitioner with the alleged detenu. It is further stated that when a similar telegram was sent to the A.P. State Human Rights Commission, on 18-10-2008, the Superintendent of Police, Guntur District, submitted a report, along with the notarized aﬃdavit of the wife of the alleged detenu, wherein she stated that the alleged detenu has no other relatives in the name of the petitioner, who are keen about the welfare of the alleged detenu. 5. From the above, it is obvious that there is absolutely no relationship between the person, who issued the present telegram, and the alleged detenu. Therefore, it appears that the alleged detenu himself got this telegram issued in order to have undue advantage and also to avoid his arrest by the police. 6. In view of the facts stated in the counter aﬃdavit, the question of illegal detention does not arise. 7. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed. 8. 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 K.C.BHANU 07-11-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Mangalagiri, District Guntur. 2 The Superintendent of Police, Guntur District at Guntur. 3. 2 CCs to the Advocate General, Government of Andhra Pradesh, High Court Buildings, Hyderabad. (OUT). 4. 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.23046 of 2008 07-11-2008 (Msr)