THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.22612 of 2007 ORAL ORDER: (Per the Hon’ble Sri Justice D.S.R.Varma) Heard learned Government Pleader for Home appearing for respondent No.1. 2. This writ petition is taken up based on the telegram, dated 18.10.2007, sent by one P.Hemamalini, W/o Kishore Reddy, R/o Santhinagar, M.R.Palli Circle, Tirupati, Chittoor District, alleging that one G.Srinivasulu, former Sub- Inspector of Police, Bakarapet, Chittoor District, has kidnapped her husband and murdered him, having conspired with one Ravindra Reddy and Srinivasulu Reddy, who are the sons of Yerraguntla Timma Reddy of Yerraguntavaripalli Tatiguntapalem, Sadum Mandal, Chittoor District. 3. In response to the notice issued by this Court, counter-affidavit has been filed by the first respondent-Sub- Inspector of Police, Bakarapet Police Station, Chittoor, stating that there were some criminal cases pending against the alleged detenu in connection with some private disputes and it appears that some civil suits were also pending. However, those criminal cases were virtually settled out of the Court in the years 2002 and 2003. Now, in the year 2007, for the reasons best known to the petitioner, she sent a telegram to this Court that her husband by name Kishore Reddy was kidnapped and murdered by the then Sub- Inspector of Police, Bakarapet Police Station, with the connivance of one Ravindra Reddy and Srininvasulu Reddy. 4. It is rather amazing as to how the petitioner could send such a telegram with the allegation that her husband was kidnapped and murdered by the then Sub-Inspector of Police, Bakarapet Police Station. In other words, it was only the apprehension of the petitioner that the alleged detenu would be murdered. But, the language employed in the telegram appears as though she had the knowledge that the detenu was murdered. So far as this type of telegrams are concerned, we express our displeasure and steps to be taken by the general public are to be dismantled. 5. However, the alleged detenu by name Kishore Reddy is now produced before this Court today, as directed by this Court earlier. 6. Upon being questioned, the alleged detenu stated that the then Police were antagonistic to him and he was kidnapped by them; that after about a year he was released for various reasons; and that since more than a year he has been moving freely. 7. No reasons are coming forth as to why the same is not reported to this Court nor it is discernable as to why the alleged detenu having been detained for quite a long time as alleged by him and also by his wife, who issued the telegram, that the detenu was kidnapped and was kept in the custody of the Police with the connivance of others, has not reported about the free movement of the alleged detenu. 8. From the counter-affidavit, it is further revealed that only after the said telegram was treated as writ petition and notice was sent by this Court, the Police suo motto registered Crime No.53 of 2007 on the file of Bakarapet Police Station for the offence punishable under Section 365 I.P.C. and the same is pending investigation. 9. Therefore, having regard to the fact that the petitioner is moving freely and is not in confinement of anybody and since no further complaint is made to the Police subsequent to the alleged release of the alleged detenu from the clutches of the Police, we do not propose to continue the writ petition and the same is liable to be dismissed. 10. Since the petitioner had unnecessarily kept the matter pending for quite a long time before this Court and had not furnished information to this Court about the release of the alleged detenue and his free movement promptly, we are of the view that the attitude of the petitioner cannot be appreciated and hence, the writ petition is dismissed with costs of Rs.1,000/- (Rupees One thousand only) to be paid to the Secretary, District Legal Services Authority, Chittoor, Chittoor District. ______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE RAJA ELANGO 09th April 2010 dr