IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF JUNE 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 : 11107 of 2008 Between: Pinninti Kanamma, W/o. Narayana, C/o. Ramesh Naidu Jewellers, Main Road, Rajam, Srikakulam District. ..... PETITIONER AND 1 The Station House Officer, Yellamanchili Police Station, Visakhapatnam District. 2 The Station House Officer, Nakkapalli Police Station, Visakhapatnam District. 3 The Superintendent of Police, Visakhapatnam 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 For the reasons stated in the "Telegram" dated 15-05- 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 of the Petitioner herein namely P. Shivakumar, S/o. Narayana, Gold Marchant, Rajam, Srikakulam, who was illegally taken away by the police persons of Yellamanchili and Nakkapalli on 14-5-2008 at 02.00 P.M. 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 HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.11107 of 2008 ORDER: (per THE HON’BLE SRI JUSTICE K.C.BHANU) This writ petition is taken up basing on the telegram, dated 15.05.2008, sent by the petitioner wherein it is alleged that his son by name P.Shivakumar was illegally detained by the Police personnel of Yelamanchili and Nakkapalli Police Stations, on 14.05.2008. In response to the notice, issued by this Court, the first respondent-the Sub-Inspector of Police, Yelamanchili Town Police Station, Visakhapatnam, filed counter-affidavit stating, inter alia, that the alleged detenu was asked to appear before the Circle Office at Yelamanchili in connection with enquiry relating to Crime Nos.17 and 25 of 2008 of Yelamanchili Town Police Station and Crime Nos.35 and 37 of 2008 of Nakkapalli Police Station. In pursuance thereto, on 14.05.2008, the alleged detenue appeared before the Yelamanchili Circle Office and participated in the enquiry and thereafter, left on the very same day. The allegation that the alleged detenu was wrongfully detained and confined was denied by the Police concerned by filing counter affidavit. The statement of the alleged detenu was also recorded by the Tahsildar and Executive Magistrate, Rajam Mandal, Srikakulam District, wherein the alleged detenu himself categorically stated that without intimation to his family members he went to Yelamanchili and participated in the enquiry and he returned to Rajam on 16.05.2008 and has been moving freely and attending to his day-to-day business. In view of the specific denial about the illegal or wrongful detention of the alleged detenu by respondents 1 and 2 and also the statement made by the alleged detenu himself before the Executive Magistrate, Rajam Mandal, that has been moving freely and attending to his day-to-day business, the question of issuing a writ of Habeas Corpus does not arise. The writ petition is devoid of merits and the same is, accordingly, dismissed, at the stage of admission. However, there shall be no order as to costs. _______________ D.S.R.VARMA, J ______________ K.C.BHANU, J 10.06.2008 dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Yellamanchili Police Station, Visakhapatnam District. 2 The Station House Officer, Nakkapalli Police Station, Visakhapatnam District. 3 The Superintendent of Police, Visakhapatnam District. 4 2CCs to Advocate General, High Court of A.P., Hyderabad. 5 2CD copies