IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTH DAY OF AUGUST 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. 16082 of 2008 Between: Vanga Nirmala, W/o. Vanga Adi Murthy, R/o. Navaraku Gardens, Dodla Subba Reddy Nagar, Nellore Town, Nellore. ..... PETITIONER AND 1 The Station House Officer, 4th Town Police Station, Nellore District. 2 The Superintendent of Police, Nellore District at Nellore. .....RESPONDENT(S) For the reasons stated in the "Letter" dated 17-07-2008 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 husband of the Petitioner herein Viz., Vanga Adi Murthy, before this Hon'ble Court, who was illegally taken away by the police of 4th Town Police Station, Nellore on 10-7-2008, 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 : 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 K.C.BHANU TAKEN UP WRIT PETITION No.16082 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 petitioner’s letter, dated 17-07-2008, to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, wherein it is alleged that the husband of the petitioner viz., Vanga Adi Murthy, was illegally taken away by the police of IV Town Police Station, Nellore, on 10-07-2008, and that she is apprehending danger to his life. 3. A counter aﬃdavit has been ﬁled by the Sub-Inspector of Police, IV Town Police Station, Nellore, representing the first respondent herein, stating that his enquiries reveal that at no point of time the ﬁrst respondent police have illegally detained the alleged detenu. He also stated that the alleged detenu is not in illegal custody of the ﬁrst respondent police and he is moving freely by attending to his day-to-day work. However, it has been brought to the notice of the Court that on 10-07-2008, the ﬁrst respondent police summoned the alleged detenu to the Police Station on the strength of a petition given by one T.K.Pitambaram, resident of Nellore, on the ground of mis- appropriation of a sum of Rs.30,00,000/- by the alleged detenu. Immediately, the alleged detenu attended before the ﬁrst respondent police on 10-07-2008 and both the parties expressed their willingness to settle the issue amicably. In order to prove that the alleged detenu is now moving freely, the statement of the alleged detenu was recorded by the Tahsildar-cum-Mandal Executive Magistrate, Nellore Mandal, on 30-07-2008 wherein he stated that at no point of time, the ﬁrst respondent police have illegally detained him and the complaint was sent with mere apprehension. 4. In view of the categorical statement made by the ﬁrst respondent in the counter aﬃdavit, when the alleged detenu was moving freely and when he was not illegally or wrongfully conﬁned, the question of issuing Writ of Habeas Corpus 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 K.C.BHANU 08-08-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, 4th Town Police Station, Nellore District. 2 The Superintendent of Police, Nellore District at Nellore. 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.16082 of 2008 08-08-2008 (Msr)