IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 5670 of 2009 Between: Mallesham, S/o. Rajaiah, R/o. Vidyanagar Colony, Kamareddy Village, Kamareddy - 503 111, Nizamabad District. ..... PETITIONER AND 1 The Station House Officer, Sadasivanagar, Kamareddy, Nizamabad District 2 The Superintendent of Police, Nizamabad 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 07-03-2009 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 Petitioner's friend namely Palle Swamy @ Palle Shamrao, S/o. Erra Balaiah, aged 38 years, R/o. Uppalawai Village, of Sadasivanagar Mandal, Nizamabad District, before this Hon'ble Court, who is illegally detained on 01-03-2008 by the police of Sadasivanagar, 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 K.C. BHANU WRIT PETITION No. 5670 OF 2009 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) This is a taken up writ petition basing on the fax message dated 7.3.2009 sent by the petitioner to the Hon’ble Chief Justice alleging that his friend namely, Palle Swamy @ Palle Shamrao has been illegally detained by the police of Sadasivanagar from 1.3.2009 and apprehending danger to his life. In response to the notice, the Sub-Inspector of Police, Sadasivapet Police Station, Nizamabad District, 1st respondent herein filed a detailed affidavit stating that the alleged detenu is arrayed as A.1 in Crime No.56 of 2009 registered on 8.3.2009 for the offence under Sections 454 and 380 IPC of Sadasivanagar Police Station. In connection with the said crime, the alleged detenu was arrested on 9.3.2009 and produced before the Special Judicial First Class Magistrate, Excise and Prohibition, at Nizamabad on 10.3.2009. On such production, the learned Magistrate remanded him to judicial custody and accordingly, he is now lodged at District Jail, Sarangapur, Nizamabad District. Having regard to the fact that the alleged detenu is arrayed as A.1 in Crime No.56 of 2009 registered on the file of 1st respondent and in connection with that crime, he was arrested and in pursuant to the remand order, he is lodged at District Jail, Nizamabad, no credence can be given to the allegations made in the fax message. The writ petition is accordingly dismissed. No order as to costs. _________________ (A. GOPAL REDDY, J.) _______________ (K.C. BHANU, J.) APRIL 02, 2009 TSR