IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF JULY 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.15188 of 2008 Between: Gajjela Bhulakshmi, W/o. Swamy, R/o. H.No. 8-84, Bhiknoor Village & Mandal, Nizamabad District. ..... PETITIONER AND 1 A. Vijay Kumar, Circle Inspector of Police, Ramayampet Mandal, Medak District. 2 The Station House Officer, Ramayampet Mandal, Medak District. 3 The Superintendent of Police, Medak District at Sangareddy. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that for the reasons stated in the "Fax Message" dated 11-07-2008 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 Petitioner's husband viz Swamy, S/o. Yellaiah, aged about 32 years, before this Hon'ble Court, who was illegally detained by the police of Ramayampet Mandal, Medak District on 30-06-2008, 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: FAX MESSAGE Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following : THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.15188 of 2008 ORDER: (per THE HON’BLE SRI JUSTICE K.C.BHANU) This writ petition is taken up at the instance of the petitioner’s fax message, dated 11.07.2008, wherein it is alleged that her husband by name Swamy was wrongfully detained by the police personnel of Ramayampet Police Station on 30.06.2008. In response to the notice, issued by this Court, the second respondent-the Sub-Inspector of Police, Ramayampet Police Station, Medak District, ﬁled counter-aﬃdavit stating, inter alia, that the alleged detenu is an accused in Crime No.221 of 2007 of Ramayampet Police Station registered for the oﬀences under Sections 302 and 201 IPC and in that connection, he was arrested on 11.07.2008. Later, by virtue of the order passed by the Judicial First Class Magistrate, Medak, he was remanded to judicial custody on 12.07.2008 and at present, he is lodged at Sub-jail, Medak. In view of the above revelations in the counter- aﬃdavit, particularly when the alleged detenu was arrested only in connection with the aforesaid crime, the question of issuing a writ of Habeas Corpus does not arise. For the foregoing reasons, the writ petition is liable to be dismissed and is, accordingly, dismissed, at the stage of admission. However, there shall be no order as to costs. _______________ D.S.R.VARMA, J ______________ K.C.BHANU, J 29.07.2008 dr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Ramayampet Mandal, Medak District. 2 The Superintendent of Police, Medak District at Sangareddy. 3 2CCs to Advocate General, High Court of A.P., Hyderabad. 4 2CD copies