IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 9133 of 2008 Between: Smt. Pandipati Nayomi W/o. Arinu Christian, R/o. Kapparalatippa, Bhogolu Mandal, Nellore District. ..... PETITIONER AND 1 The Superintendent of Police, Nellore, Nellore District. 2 The Circle Inspector of Police, Kovvuru, Nellore Dist. 3 The Station House Officer, Kodavaluru P.S., Kodavaluru Mandal, Nellore Dist. 4 Sri Rama Rao Kodavaluru P.S., Kodavaluru Mandal. Nellore Dist. .....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 Respondents herein; a) To produce the petitioner's husband i.e. the detenue by name shri Pandipati Srinu, S/o. Durgaiah, Aged About 41 years, Occupation: Maistry, Building Construction, R/o. Kapparalatippa, Bhogolu Mandal, Nellore District, before this Hon'ble Court and set him at libberty; b) To Produce the petitioner's 2nd sister i.e., the detenue by the name Smt. Bochchu Gangamma, D/o. Yesobu, Aged about 40 years, Occupation Agricultural Coolie, R/o. Kapparalatippa, Bhogolu Mandal, Nellore District, before this Hon'ble Court and sethker at liberty; By holding the action of the Respondents herein bad, illegal, arbitrary, discriminatory, void and violative of the Article 14 and 21 of the Constitution of India Counsel for the Petitioner: MR.A.NAGENDRA RAO Counsel for Respondent Nos.1 to 3: THE ADVOCATE GENERAL Counsel for Respondent No.4: G. Neeraja Reddy The Court at the stage of admission made the following : ORDER: (per Sri A. Gopal Reddy, J) Smt. Pandipati Nayomi filed this writ of habeas corpus for production of her husband Pandipati Srinu and her second sister Smt. Bochchu Gangamma before this Court and to set them at liberty. It is averred in the affidavit filed in support of the writ petition that the petitioner’s husband is working as a Maistry in building construction work and her sister is working as an agricultural coolie and residing nearby her house. On 18-04- 2008 at 12.00 noon when the petitioner and her husband are taking lunch, respondent Nos. 2 to 4 along with four constables came to their house and had taken her husband and also her second sister by beating them blue and black to Kodavaluru Police Station and that no crime has been registered against them nor they were produced before the Magistrate. In the counter affidavit filed by the Sub-Inspector of Police, Kodavaluru Police Station, the 3rd respondent herein, it is stated that one Ammineni Purushotham lodged a complaint with Kodavaluru Police Station on 22-04-2008 stating that he left his house with cash of Rs.95,000/- at 3.00 AM to go to Vijayawada for purchase of coal and his cousin had taken him on his motor cycle and dropped him at Rajupalem Bus Stop and when he was waiting for the bus along with the cash bag, some unknown persons sat beside him and he fell asleep. When he woke up after half an hour, he found that his cash bag was missing. Basing on the said complaint, a case in Crime No. 34 of 2008 under Section 379 IPC was registered. During the course of investigation, as per the descriptions mentioned in the complaint, the alleged detenus were suspected and they were arrested on 22-04-2008. On examination they confessed about the commission of the offence and the cash of Rs.95,000/- was also recovered from them in the presence of mediators and they were arrested at 15.30 hours. After complying with the formalities of arrest, they were produced before the Additional Judicial First Class Magistrate, Kovuru on 23-04- 2008, who remanded them to judicial custody and pursuant to the same, they were lodged in Central Prison, Nellore. Subsequently, alleged detenue No.2 who is the sister of the petitioner was enlarged on bail on 29-04-2008 and her husband is still in judicial custody. Once the detenus were shown as accused and were arrested and cash was also recovered on the basis of confession made by them and since they were lodged in Central Prison, Nellore pursuant to the remand order of the learned Magistrate, the question of their illegal detention does not arise. The writ petition is accordingly dismissed. A.GOPAL REDDY, J B.SESHASAYANA REDDY, J 01-05-2008 ks ………... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintendent of Police, Nellore, Nellore District. 2 The Circle Inspector of Police, Kovvuru, Nellore Dist. 3 The Station House Officer, Kodavaluru P.S., Kodavaluru Mandal, Nellore Dist. 4 2 CCs to the Advocate General, High Court of Andhra Pradesh, Hyderabad (OUT). 5 2 CD copies.