IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 5232 of 2008 Between: Yerukali Nallbathula Lakshmi Devi, W/o. Late Y. Naganna, Mahadevapuram (V), Mahanandi Mandal, Kurnool District. ..... PETITIONER AND 1 The Station House Officer, Vanasthalipuram Police Station, Ranga Reddy District. 2 The Commissioner of Police, Cyberabad, Hyderabad. .....RESPONDENTS 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 04-03-2008 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 brother of the Petitioner, namely Yerukali Nallabathula Nagappa, S/o. Yerukali Anjanappa, aged 23 years, before this Hon'ble Court, who was illegally taken away by the police of Vanasthalipuram Police Station on 28-02-2008 at about 10.00 A.M., 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: PETITION Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : ORDER: (Per Hon’ble Sri Justice K.C.Bhanu) This writ petition is taken up on the basis of the fax message dated 04.03.2008 sent by the petitioner alleging that her brother, namely, Yerukali Nallabathula Nagappa, was illegally taken away by the Vanasthalipuram Police on 28.02.2008 and confined him wrongfully. The Inspector of Police, Vanasthalipuram Police Station, Cyberabad, the first respondent herein filed counter affidavit stating that the alleged detenu is an accused in Crime No.112 of 2008 registered for the offences punishable under Sections 457 and 380 IPC of Vanasthalipuram Police Station. During the course of investigation the first respondent came to know that the alleged detenu was arrested on 13.03.2008 by the L.B. Nagar Police in connection with Crime No.893 of 2007 for the offences under Sections 457 and 380 IPC and produced him before the II Metropolitan Magistrate Cyberabad at L.B.Nagar, who remanded him to judicial custody. In pursuance of the remand order, the alleged detenu was lodged at Central Prison, Cherlapally. After coming to know about the arrest of the alleged detenu by the L.B.Nagar Police, the first respondent produced him before the VII Metropolitan Magistrate, Cyberabad at Hayathnagar along with P.T. Warrant to regularize his arrest in Crime No.112 of 2008. On such production, the learned Magistrate regularized the remand of the alleged detenu till 1.04.2008. In view of the fact that in pursuance of the judicial order the alleged detenu was confined and was remanded to judicial custody, the question of illegal detention does not arise. Therefore, the writ petition is devoid of merits and the same is accordingly dismissed. ___________________ (A.GOPAL REDDY, J) _____________ (K.C. BHANU , J) 19th March, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Vanasthalipuram Police Station, Ranga Reddy District. 2 The Commissioner of Police, Cyberabad, Hyderabad. 3 2 CCs to the Advocate General, High Court of A.P. Hyderabad(OUT) 4 2 CD copies. Form-NIC-OGS/WP{MJ}