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 : 11511 of 2008 Between: Chowta Chinnammulu, W/o. Prasad, R/o. Vedullapalli Village, Bapatla Mandal, Guntur District. ..... PETITIONER AND 1 The Inspector of Police, Government Railway Police, Guntur. 2 Sub-Inspector of Police, Government Railway Police, Tenali, Guntur District. 3 Sri Krishna, S/o. not known to the petitioner, Govt. Railway Police, Bapatla, Guntur District. 4 Sri A. Chalapathi Rao, S/o. not known to the petitioner, Govt. Railway Police, 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 detenus by name 1. Chowta Kumar Raja, S/o. Prasad Erukula by caste, aged 34 years and Chowta Sujatha W/o. Kumar Erukula by caste aged about 27 years, both are R/o. Vedllapalli Village, Bapatla Mandal, Guntur District and be released from custody and pass appropriate orders. Counsel for the Petitioner: MR.GANDURI NAGESWARA RAO Counsel for the Respondent Nos 1 & 2: THE ADVOCATE GENERAL The Court made the following : THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.11511 of 2008 ORAL ORDER: (per Hon’ble Sri Justice D.S.R.Varma) Heard the learned counsel appearing for the petitioner and the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This writ petition is filed seeking to issue a Writ of Habeas Corpus directing the respondents to produce the detenus, by bame Chowta Kumar Raja and Chowta Sujata, before this Court by releasing them from the illegal custody. 3. The grievance of the petitioner is that his son-Chowta Kumar Raja and his daughter-in-law-Sujatha were illegally apprehended by the Police. 4. In response to the notice, issued by this Court, the first respondent- Sub-Inspector of Police, Government Railway Police Station, Tenali, Guntur District, filed counter- affidavit stating, inter alia, that the alleged detenu No.1 was arrayed as accused in Crime Nos.102 and 132 of 2002 of Tenali Government Railway Police Station, Tenali, both registered for the offence punishable under Section 379 IPC and, in that connection, he was arrested by the Police on 02.06.2008 and was produced before the II Metropolitan Magistrate for Railways at Vijayawada, who remanded him to judicial custody and pursuant thereto, now he is lodged at District Jail, Vijayawada. Insofar as alleged detenue No.2, it is stated that, on 02.06.2008, she was taken into custody by the Police of Narasaraopet Railway Police, while she was moving under suspicious circumstances, and a case in Crime No.27 of 2008 for the offence punishable under Section 41 (2) and 109 Cr.P.C. was registered against her, and, on the same day, she was produced before the Mandal Revenue Officer, Narasaraopet, who, in turn, passed orders vide M.C.No.42 of 2008 binding over her to maintain good behaviour and released her on furnishing self bonds on the same day. The other allegations made by the petitioner in the affidavit, filed in support of the writ petition, have been totally denied. 5. In view of the aforesaid facts and circumstances, we do not see any reason whatsoever to proceed further in this matter to issue a writ of Habeas Corpus. 6. For the foregoing, the writ petition is liable to be dismissed. 7. In the result, the writ petition is 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 Inspector of Police, Government Railway Police, Guntur. 2 Sub-Inspector of Police, Government Railway Police, Tenali, Guntur District. 3 2CCs to Advocate General, High Court of A.P., Hyderabad. (OUT) 4 2CD copies