IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 28598 of 2008 Between: S. Chandrakala, W/o. Ramulu, R/o. Devanpally, mn, Kamareddy, Nizamabad District. ..... PETITIONER AND 1 The Station House Officer, Ramyanpet, Medak District. 2 The Superintendent of Police, Medak 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 "Fax Message" dated 21-12-2008 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 son of the Petitioner viz. Sadak Sunil Kumar, S/o. Ramulu, R/o. Devanpally, mn, Kamareddy, Nizamabad District, before this Hon'ble Court, who was illegally arrested by the police Ramyanpet, Medak District since 5 days, 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:FAX MESSAGE Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION NO.28598 OF 2008 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) This is a taken up writ petition on the basis of fax message sent by the petitioner dated 21.12.2008 to the Hon’ble Chief Justice alleging illegal detention of her son namely, Sadak Sunil Kumar by the police of Ramayanpet Police Station, Medak District. In response to the notice, the Sub-Inspector of Police, Ramayanpet Police Station, 1st respondent herein filed an affidavit stating that on a complaint lodged by the wife of alleged detenu, a case in Crime No.259/2008 for the offence under Section 498-A I.P.C. and Sections 3 and 4 of dowry Prohibition Act has been registered on 20.12.2008 on the file of first respondent Police Station in which the alleged detenu is arrayed as A.1. It is stated that in the said crime, the petitioner is also one of the accused. In connection with the said crime, the alleged detenu was arrested on 21.12.2008 and produced before the Judicial First Class Magistrate, Medak. On such production, the learned Magistrate remanded the alleged detenu to judicial custody and later enlarged him on bail with condition to appear before the 1st respondent every day and the alleged detenu is complying with the said condition. Inasmuch as the alleged detenu was remanded to judicial custody by lawful orders in connection with Crime No.259 of 2008 and was later enlarged on bail, no credence can be given to the allegations made in the fax message. Accordingly, the writ petition is dismissed. No costs. _________________ (A. GOPAL REDDY, J.) _______________ (R. KANTHA RAO, J.) JANUARY 19, 2009 TSR