THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO TAKEN UP WRIT PETITION No.24637 of 2009 Date: 27.11.2009 Between : Md. Ameen … Petitioner and The Station House Officer, Governorpet, Vijayawada, Krishna District and another. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO TAKEN UP WRIT PETITION No.24637 of 2009 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 telegram, dated 06.11.2009, wherein it is alleged that the brother of the petitioner viz., Mohd. Bablu along with three others viz., (1) Manoj, aged 30 years; (2) Md. Gaffar, aged 28 years; and (3) Md. Mustaqueen, aged 28 years, was illegally detained since 20.10.2009 by the police of Governorpet Police Station, Vijayawada, Krishna District, that he is apprehending danger to their lives and set them at liberty, forthwith. 3. A counter affidavit has been filed by the first respondent- Inspector of Police, Governorpet Police Station, Vijayawada, stating inter alia that the alleged detenus Nos.1, 2, 3 and 4 are Accused Nos.1, 4, 3 and 2, respectively, in Crime Nos.553 of 2008 and 561 of 2008 of Satyanarayanapuram Police Station registered for the offences punishable under Sections 420 and 379 I.P.C. In connection with the said crimes, the alleged detenus were arrested and produced before the First Additional Chief Metropolitan Magistrate, Vijayawada, on 11.11.2009, who inturn remanded them to judicial custody and pursuant to the said order of remand passed by the learned Magistrate, the alleged detenus are now lodged at Sub-Jail, Vijayawada. The other allegation that the alleged detenus were kept in illegal custody and were tortured and there is every possibility of lock up death is denied. 4. In view of the facts stated in the counter affidavit, 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. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE R.KANTHA RAO 27.11.2009 Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE R.KANTHA RAO TAKEN UP WRIT PETITION No.24637 of 2009 27.11.2009 (Msr)