IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER 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.15549 of 2008 Between: Gummadi Sudhakar, S/o.G.Ramanaiah R/o.Perumallapad village, Post Sydapuram Mandal, Nellore District ..... PETITIONER AND 1 The Superintendent of Police, Kadapa District at Kadapa 2 The Superintendent of Police, Nellore District at Nellore 3 The Station House officer,Sydapuram Police STation Nellore District 4 Sri Polaka Jagannadha Reddy S/o.Venkatrami Reddy R/o.Ramnagar , Proddutur Town Kadapa 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 issue a writ order or direction more particularly one in the nature of writ of Habeas corpus directing the respondent-1 to 3 to produce Mr.Gummadi Venkateswarlu, who is presently in the custody of the 4th respondent and set him at liberty. Counsel for the Petitioner : MR. S.SHARAT KUMAR Counsel for the Respondent Nos.1 to 3 : THE ADVOCATE GENERAL Counsel for the Respondent No.4 : ------ The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.15549 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.1 to 3. 2. This Writ of Habeas Corpus is ﬁled by the petitioner seeking production of his elder brother viz., Gummadi Venkateswarlu (hereinafter referred to as “the alleged detenu”), who was in the illegal custody of the fourth respondent, before this Court and set him at liberty. 3. The petitioner is aggrieved by the action of the third respondent-Station House Oﬃcer, Sydapuram Police Station, Nellore District, in closing his complaint in F.I.R. No.63, dated 26-06-2008 under the influence of the fourth respondent herein. It appears, the elder brother of the petitioner, who is the alleged detenu, had studied B.Tech. Engineering course in Computers in the year 2004 and came to Hyderabad in search of employment. He had obtained a loan of Rs.83-00 Lakhs from the fourth respondent with a view to establish a software company in Hyderabad and a major portion of the said amount was already paid to the mediators towards their commission. Since the desire of establishing software company could not fructify, he could not repay the amount obtained as loan from the fourth respondent. Therefore, the fourth respondent abducted the alleged detenu on 06-05-2008 and beat him black and blue with his men. The petitioner was also taken away by the fourth respondent on 09-05-2008, locked him in a room and beat him mercilessly. By keeping the petitioner in the custody, they have released the alleged detenu so that he could gather money and repay them. But, the alleged detenu could not raise any funds. However, as the parents of the alleged detenu gave a sum of Rs.2,00,000/- to the fourth respondent on 11-06-2008, the petitioner was released by keeping the alleged detenu in their custody. It is also averred that the fourth respondent and his henchmen beat the alleged detenu mercilessly and because of the illegal detention and torture by the fourth respondent, the alleged detenu had developed Tuberculosis and he was totally emasculated physically. 4. As per the directions of this Court, on the last occasion, when the alleged detenu was present before this Court along with his parents, he refused to go along with his parents because he want to pay back the amount to the fourth respondent. However, learned counsel for the petitioner contended that the alleged detenu was made to say so before this Court by coercion. However, the fact remains is that the alleged detenu stoutly refused to go along with his parents and wanted to remain with the fourth respondent only, inasmuch as, the fourth respondent was his friend. 5. Today, again the alleged detenu is present before this Court along with his parents. The fourth respondent is also present before this Court. Upon being questioned by this Court, the alleged detenu expressed his desire to go along with his parents, inasmuch as, he was suffering from Tuberculosis. 6. In fact, the condition of the alleged detenu is very precarious and he needs medical treatment, which is very much essential keeping in view his present state of condition. However, since he is a major, it is needless to say that notwithstanding the diﬀerences between the alleged detenu and the fourth respondent, the alleged detenu is at liberty to move freely and live anywhere as per his will and wish and there cannot be any compulsion in connection with his obligation to repay the amounts borrowed by him from the fourth respondent or from any person. 7. For the foregoing, we deem it appropriate to close the writ petition with a liberty to the alleged detenu to go along with his parents and lead a life of his choice. It is needless to observe that if any amounts are due by the alleged detenu to any person, including the fourth respondent, the aggrieved person can take steps to recover the amount in due process of law. 8. At this stage, it is the apprehension of the learned counsel for the petitioner that the fourth respondent and his men may interfere while undergoing treatment for Tuberculosis by the alleged detenu. 9. In this connection, it is needless to say that there shall not be any reason for the alleged detenu to have any such apprehension for the reason that as already observed, no person, including the fourth respondent, can resort to any coercive steps for recovery of the amount due from the alleged detenu or can interfere with his medical treatment, which action amounts to taking away the right of the alleged detenu guaranteed under Article 21 of the Constitution of India. 10. Therefore, there is no need to direct the fourth respondent, in explicit terms, that there shall not be any interference with the personal life and liberty of the alleged detenu. If there is any such interference, it is always open for the alleged detenu or any of his family members or any person to make a complaint to the police concerned or to take any such appropriate steps as permissible under law. Upon such a complaint being made, the police or any such authority, to whomsoever the complaint is made, shall take appropriate action in accordance with law. 11. With the above observations and directions, the writ petition is closed, at the stage of admission. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 04-09-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintendent of Police, Kadapa District, Kadapa. 2 The Superintendent of Police, Nellore District, Nellore. 3 The Station House Officer, Sydapuram Police Station, Nellore District 4. Two CCs to the Advocate General, Government of A.P., High Court Buildings, Hyderabad. (OUT). 5. Two C.D. copies. THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.15549 of 2008 04-09-2008 (Msr)