IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH 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 : 324 of 2009 Between: Mathi Vijayalakshmi, Phushadapuvaripalem, Cherukupalle Mandal, Guntur District. ..... PETITIONER AND 1 The Station House Officer, Repalli Police Station, Guntur District. 2 The Superintendent of Police, Guntur District at Guntur. .....RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that for the reasons stated in the "Telegram" dated 08-01-2009 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 herein, before this Hon'ble Court, namely Mathi Devakararatna Prasad, who was illegally detained by the Repalli Police since 07-01-2009 at 10.00 P.M. and 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 : ORDER: (per Sri A. Gopal Reddy, J) This is a taken up writ petition on the basis of telegram dated 08-01-2009 sent by the petitioner alleging that her husband Mathi Devakaratna Prasad has been illegally detained by Repalli police from 07-01-2009 and she apprehends danger to his life. The Sub-Inspector of Police-cum-Station House Officer, Repalli Police Station filed an affidavit denying the allegation that the alleged detenue has been illegally detained on 07-01-2009 as alleged, but stated that Crime No.1 of 2009 for the offence under Sections 435 and 120 (B) IPC has been registered against him by Nagaram police on 01-01-2009 basing on the complaint given by one Thoomu Venkatanaga Koteswara Rao and accordingly, he was arrested by Nagaram police on 16-01-2009 and was produced before the learned Judicial First Class Magistrate, Repalli who remanded him to judicial custody. Later, he was enlarged on bail by the learned Magistrate on the same day. That from the date of registration of the crime, the alleged detenue absconded himself in order to evade the arrest. Having regard to the fact that the alleged detenue has not complained about illegal detention when he was produced before the learned Magistrate and the crime has been registered on 01-09-2009 against him, it probablises that the above telegram was sent with a malafide intention to evade the arrest of the detenue and the same does not require any further adjudication. The writ petition is accordingly dismissed. A.GOPAL REDDY, J R. KANTHA RAO, J 28-01-2009 ks