IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH 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 TAKEN UP WRIT PETITION No.11792 of 2008 Between: G. Nagamma, W/o. Ramanaiah, Door No. 1211, Ravindra Nagar, Kondayapalem Gate, Nellore. ..... PETITIONER AND 1 The Station House Officer, 5th Town Police Station, Nellore District. 2 The Superintendent of Police, Nellore, Nellore District. .....RESPONDENT(S) 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 NIL 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 by name Godugu Ramanaiah, S/o. Late Masthanaiah, before this Hon'ble Court, who was illegally detained by the police of V Town Police, Nellore District, 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 HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.11792 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. This Writ of Habeas Corpus is taken up basing on a telegram, dated –nil-, sent by one Smt. G. Nagamma, w/o. Ramanaiah, Door No.1211, Ravindra Nagar, Kondayapalem Gate, Nellore, to the Hon’ble the Chief Justice, High Court of Andhra Pradesh, Hyderabad, seeking production of her husband viz., Godugu Ramanaiah, s/o. late Masthanaiah, who was illegally detained by V Town Police, Nellore District, and that she is apprehending danger to his life. 3. A counter affidavit has been filed by the Sub-Inspector of Police, representing the first respondent herein, stating inter alia that the alleged detenu was Accused No.1 in Crime No.91 of 2008 for the offences punishable under Sections 143, 427, 447, read with Section 149 of Indian Penal Code, of V Town Police Station, Law and Order, Nellore, which was registered on 30-05-2008 basing on a complaint given by one Tummala Srinivasulu Reddy of Nellore Town. It is further stated that the alleged detenu was arrested on 30-05-2008 in connection with the above said crime and the said fact was also intimated to his sister under acknowledgement on the same day. Subsequently, the alleged detenu was produced before the V Additional Judicial First Class Magistrate, Nellore, on 31-05-2008, who inturn remanded him to judicial custody. Pursuant to the said remand order by the learned Magistrate, the alleged detenu was initially lodged at District Jail, Nellore, and subsequently enlarged on regular bail by the learned Magistrate, on 06-06-2008. 4. Having regard to the facts stated in the counter affidavit, the question of illegal detention does not arise. 5. For the foregoing, we do not find any merit 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 25-06-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, 5th Town Police Station, Nellore District. 2 The Superintendent of Police, Nellore, Nellore District. 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.11792 of 2008 25-06-2008 (Msr)